AU: Notifiable Data Breaches scheme takes effect on 22 February 2018

Sylvia Ng, Steph Baker and Rohan Shukla of PwC Australia write:

In brief The Notifiable Data Breaches scheme (NDB Scheme), as enacted by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (Act) comes into effect on 22 February 2018. Under the NDB Scheme, organisations covered by the Privacy Act 1988(Cth) (Privacy Act)willbe required to investigate suspected data breaches and notify of `eligible data breaches’. The NDB Scheme is intended to:

  • require businesses to proactively respond to suspected or actual data breaches and be transparent;
  • give individuals the opportunity to change or otherwise `re-secure’ information which has been subject to unauthorised access, disclosure or loss; and
  • encourage businesses to improve their information security practices.

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