OAIC consumer guides for NDB scheme


By Dylan Bushell-Embling
Tuesday, 20 February, 2018


OAIC consumer guides for NDB scheme

With Australia’s Notifiable Data Breach legislation due to come into effect on Thursday, the Office of the Australian Information Commissioner (OAIC) has published two new guides to inform the public of what steps to take if they are informed of a breach.

The new guides include information on what to expect when receiving a data breach notification, including when a privacy complaint can be made to the OAIC.

A separate guide contains tips on reducing the risk of harm incurred after a breach, such as tips on combating harm that may result in breaches involving financial or contact information, and steps to take when consumers suspect they may be victims of identity fraud.

The guidelines were developed in consultation with consumer groups, non-profits and Australian government agencies.

The OAIC has also previously published resources for organisations to use to ensure they implement the requirements of the NDB scheme.

“The Notifiable Data Breaches scheme formalises a longstanding community expectation to be told when a data breach that is likely to cause serious harm occurs,” Australian Information Commissioner Timothy Pilgrim said.

“The practical benefit of the scheme is that it gives individuals the chance to reduce their risk of harm, such as by resecuring compromised online accounts. The scheme also has a broader beneficial impact — it reinforces organisations’ accountability for personal information protection and encourages a higher standard of personal information security across the public and private sectors.”

He said a survey conducted last year found that around 95% of Australians believe they should be told if a business or government agency loses their personal information.

Under the Notifiable Data Breach regime, all government agencies and organisations that are governed by the Privacy Act will need to inform individuals affected by a data breach that is likely to cause serious harm. Failure to comply can attract fines of up to $2.1 million.

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