What Does The Introduction Of Mandatory Data Breach Notification In Australia Mean For You?

In Short

The Situation: The Australian Parliament passed the Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth) (Data Breach Bill) on 13 February 2017. The Data Breach Bill introduces mandatory requirements to notify the Australian Information Commissioner and affected individuals of "eligible data breaches".

Looking Ahead: Once these requirements take effect, there will likely be an increase in the number of reported data breaches and a potential increase in litigation commenced against entities involved in a breach.

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information Commissioner of "eligible data breaches". The requirements take effect on 23 February 2018 or an earlier date determined by Proclamation of the Governor-General of Australia ("Commencement Date").