Share on LinkedInShare on LinkedIn

ARTICLE · 26 FEBRUARY 2018

Notifiable Data Breaches (NDB) scheme

Broadley Rees Hogan Lawyers
Explore more from Broadley Rees Hogan Lawyers

The NBD scheme requires certain entities to notify the Commissioner and affected individuals of an eligible data breach.

AustraliaPrivacy
Peter Bolam
Peter Bolam
Author LinkedIn connections

From 22 February 2018, the Notifiable Data Breaches (NDB) scheme applies to organisations and agencies regulated by the Privacy Act 1988 (Cth). This includes businesses and not-for-profit organisations with an annual turnover of $3 million or more, credit reporting bodies and health service providers. The NBD scheme requires these entities to notify the Australian Information Commissioner, as well as affected individuals, of an eligible data breach.

The gestation of the scheme has had a long and tortuous history which we have written about here. But, with the commencement of the NBD scheme, regulated entities need to be aware of the disclosure obligations that exist when there is an eligible data breach.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Privacy Reform In Australia: What Businesses Need To Know In 2026-2027 (Part 2)

The Australian Government has released the Exposure Draft Privacy Amendment (Personal Data Protection) Bill 2026, proposing the most significant overhaul of privacy law in years. These reforms would fundamentally change how Australian businesses handle personal information, introducing a new "fair and reasonable" test, stronger consent requirements, expanded definitions of personal information, and new rules for AI and emerging technologies.
AustraliaPrivacy
Coleman Greig Lawyers
Coleman Greig Lawyers
Article

Australia’s Privacy Act Reforms: Fundamental Changes Proposed In New Exposure Draft

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Privacy Reform In Australia: What Businesses Need To Know In 2026-2027

Australia's privacy laws are undergoing significant reform, with new automated decision-making transparency requirements commencing in December 2026 and further substantial changes under consideration. Businesses must prepare for enhanced regulatory scrutiny, increased litigation risk through the new statutory tort for serious privacy invasions, and potential expansion of obligations to small businesses and employee records.
AustraliaPrivacy
Coleman Greig Lawyers
Coleman Greig Lawyers
Article

Digital Duty Of Care: What Australian Businesses Need To Know

The Australian Government's proposed digital duty of care reforms would extend online safety obligations far beyond social media platforms to encompass any business operating websites, digital platforms, or AI-enabled tools. Rather than simply responding to complaints, businesses would need to proactively identify foreseeable risks and implement safeguards, with substantial penalties for non-compliance reaching up to $109.2 million for companies. The exposure draft introduces a fundamental shift from reacti
AustraliaPrivacy
Holding Redlich
Holding Redlich
Article

AI Glasses And Privacy: Are Our Laws Keeping Up?

Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.
AustraliaPrivacy
Carroll & O'Dea
Carroll & O'Dea