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ARTICLE · 05 JUNE 2013

New Australian mandatory data breach law introduced to Parliament: more changes to privacy law

Mandatory data breach law adds to the privacy law businesses must comply withh.

AustraliaPrivacy

On 29 May the Privacy Amendment (Privacy Alerts) Bill 2013 (Mandatory Data Breach Bill) was introduced into the Australian Parliament. With bipartisan support it could be passed into law by July 2013 with the measures to take effect from March 2014, when a number of other important changes are made to Australia's privacy laws.

This Mandatory Data Breach Bill would require a mandatory notification of a data breach if there was a "real risk of serious harm" to the individual (including reputational, economic or financial harm) to whom the personal information relates. A statement describing the breach, the kind of information involved and recommendations about the steps individuals should take in response to the breach must be prepared and provided to the Privacy Commissioner and affected individuals.

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