BlandsLaw - Blog posts from Privacy Act
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Recent Privacy Act Changes

The Federal Parliament has recently passed the Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth) which provides for mandatory notification of ‘serious data breaches’ to the Australian Information Commissioner and to those individuals whose data is suspected to be affected by a breach. Currently, the Privacy Act does not impose an obligation on entities to notify the Commissioner or any individuals whose personal information has been compromised.

Rather, the scheme is voluntary and entities are only encouraged to comply with the OIAC’s guide on how to handle data breaches.

The introduction of the changes has the support of major interest groups and is said to be largely beneficial for individuals, businesses and the Australian government. However, as the changes will not apply to those exempt from the Privacy Act, such as small businesses with an annual turnover of less than $3 million, few have questioned the limited application of the changes. Having said that, businesses with less than $3 million turnover must comply if they are:

  • Private sector health services
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Many employers may not be aware that amendments were passed to Australia’s current privacy laws back in November 2012. The amendments, which form part of a larger reform process, will become effective from 12 March 2014. For those employers and businesses who will need to comply with the changes, there are less than four months to get ready.

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