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Data disclosure events that must be notified

Data disclosure events that must be notified

 

In order to prevent the recurrence of "the disclosure of their own information is not known", the Australian government has stepped up the norms of privacy law.

 

Time of entry into force of legislation

 

As of 22 February 2018, for data disclosure events, the Australian Privacy Act requires that a specific information leak be notified to the Australian Information Officer and the leaked information within 30 days of the disclosure.

 

Conditions that must be notified

 

If the following three conditions are met at the same time, it is considered a data disclosure event that must be notified:

1. It is found that the data is accessed without authorization or the data is missing without authorization or the data is lost;

2. Very likely to cause serious harm to one or more persons; and

3. Data whistleblowers have not yet been able to prevent possible harm to those whose information has been leaked.

 

Scope of application.

 

The Act applies to all companies or individuals regulated by the Australian Privacy Act. It mainly includes:

1. Australian government Department;

two. Companies or non-profit organizations with annual sales of more than 3 million Australian dollars;

3. Credit reporting institutions;

4. Health service providers;

5. A tax number collection agency, etc.

 

Penalties for violations of the Act

 

If the regulated agency fails to notify the Australian Information Commissioner and the person whose information has been leaked within 30 days of the leak, it could face a fine of up to A $2.1 million for the company and up to A $420000 for the individual.

 

Responsibility of directors of a company

 

1. Develop the responsible person system;

two. Develop specifications and procedures for the use of data;

3. Implementation of data security mechanism;

4. Develop recovery methods after data leakage;

 

If a director of the company knowingly fails to perform the relevant responsibilities knowingly of this Act, the director may be liable for any part or all of the data leakage.

 

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Wang Gang lawer Bank Herald Legal provides law Consulting vx: heraldlegal3 for Chinese in Australia

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