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ARTICLE · 20 FEBRUARY 2018

Cyber incidents – what are the legal risks?

If a cyber incident arises, consideration must be given to the potential legal ramifications.

AustraliaTechnology

While it is natural to focus on restoring internal systems and security processes if a cyber incident arises, consideration must be given to the potential legal ramifications.

Here are our top four cyber incident legal risks that should be considered by every business.

  1. Privacy Breach

If a cyber incident involves unauthorised access to, loss, or destruction of personal information, then a breach of obligations contained in the Privacy Act 1988 (Privacy Act) may have occurred1. In Australia, personal information means "information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not"2. Businesses generally hold two categories of personal information, that of employees and that of clients or customers.

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