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ARTICLE · 04 JUNE 2017

Mandatory data breach notification to commence – Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth)

Holman Webb
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The amendments apply to all organisations subject to the Privacy Act, including private sector health care providers.

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Alison Choy Flannigan
Alison Choy Flannigan
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The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), which amends the Privacy Act 1988 (Cth) (Privacy Act) was passed on 22 February 2017 and will commence on a date to be proclaimed within 12 months.

The amendments will apply to all organisations which are subject to the Privacy Act, including private sector health care providers who collect, use and disclose health information.

Health care providers must update their privacy policies and procedures now in preparation for the new changes, including internal monitoring and reporting of data breaches and procedures to deal with data breaches. Maintaining the status quo is no longer an acceptable option.

Examples of unauthorised access to, unauthorised disclosure of, or loss of, personal information include:

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