Most Read Contributor in Australia, September 2016
A list of legislation proposed for introduction in the 2016
Spring sittings has been released and shows the Privacy
Amendment (Notifiable Data Breaches) Bill is set to be
introduced. If passed, the instrument would amend the Privacy Act
1988 to introduce a mandatory data breach notification scheme.
The Attorney General's Department conducted a consultation
in relation to the proposed laws earlier this year which saw the
exposure draft criticized, principally in relation to the lack of
clarity around what was a 'real risk of serious harm'.
Submissions argued that the lack of clarity may lead to an overly
cautious approach, resulting in consumers experiencing notification
fatigue. Noticeably, the word 'serious' has now disappeared
from the title of the bill. We expect some of the issues in the
earlier draft will arise as
In the meantime, there continues to be a voluntary notification
scheme. In our experience under the voluntary scheme, a
business' motivation to notify is usually driven by a wish to
avoid further harm by allowing affected individuals to take steps
to mitigate any potential loss and a wish to be transparent with
affected individuals and regulators.
We will provide a further update and overview of the
ramifications for your business, when the bill is tabled and passes
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