Posted in Privacy

Mandatory Data Breach Bill finally introduced into Parliament

Oz: the Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth) (Bill) was finally introduced into the Senate on 19th October 2016 and involves a few novelties:

  • data breaches are not anymore identified with “serious” but merely “eligible”
  • risk is not “real risk of serious harm” anymore, but “likely risk of serious harm”.
  • regarding the notificaiton duty, companies are not subject anymore to having ” reasonably been aware of”
  • an additional exception: data breaches will not be considered an eligible data breach anymore (and, therefore, notification’s duty won’t stand) if the remedial action could mean that there is no longer a likely risk of serious harm;
  • amendments to the factors deemed relevant as to whether there is a likely risk of serious harm
  • clarification as to when a notification must be given to affected individuals or on the entity’s website).




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