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ARTICLE · 22 MARCH 2017

The latest iteration of the long-awaited mandatory data breach notification law

Sparke Helmore Lawyers
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These amendments require a review of privacy and compliance programs to identify and investigate eligible data breaches.

AustraliaPrivacy
Colin Pausey
Colin Pausey
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The latest iteration of the long-awaited mandatory data breach notification law

The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (PA Act) was passed on 13 February 2017 and was assented to on 22 February 2017. This is the latest iteration of the long-awaited mandatory data breach notification law, first floated in 2013 with the Privacy Amendment (Privacy Alerts) Bill 2013 (Cth) but which lapsed when Parliament was prorogued before the federal election that same year.

In 2015, the Commonwealth Government released an exposure draft of the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 (2015 Bill) for public submissions, which closed on 4 March 2016. The PA Bill is similar to the earlier 2015 exposure draft but with some notable changes, including:

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