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ARTICLE · 08 DECEMBER 2015

Mandatory Notification Scheme For Serious Data Breaches On The Horizon In 2016

Clyde & Co
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The long-awaited Australian mandatory data breach notification scheme for serious data breaches is now one step closer to becoming reality.

AustraliaPrivacy
Dean Carrigan
Dean Carrigan
John Gallagher
John Gallagher
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The long-awaited Australian mandatory data breach notification scheme for serious data breaches is now one step closer to becoming reality. On 4 December 2015, the Australian Government opened a public consultation period on the draft Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 (the Draft Bill), with submissions sought by 4 March 2016. If the Draft Bill is passed in its current form, government agencies and businesses (APP entities) which are subject to the Privacy Act 1988 (Cth) (Privacy Act) will be required to notify the Office of the Australian Information Commissioner (OAIC) and affected individuals of serious data breaches.

At present, mandatory data breach notification is required only in the event of unauthorised access to eHealth information under the My Health Records Act 2012.

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