Mandatory Data Breach Reporting Law Now Enforced in Australia
In a digital age where personal data is increasingly valuable, two significant pieces of legislation have emerged to protect individuals and ensure businesses adhere to strict compliance standards. In Australia, the Mandatory Data Breach Notification Law sets a clear threshold for data breaches, while the European Union's General Data Protection Regulation (GDPR) has been enforcing stringent data protection measures since 2018.
Under Australia's Mandatory Data Breach Notification Law, "serious harm" is defined as including physical, psychological, emotional, financial, or reputational harm to an individual, or serious harm to their reputation due to the data breach. The harm must be likely to result from the breach, and the assessment of likelihood is based on the facts of the breach. It is sufficient if some individuals are likely to be seriously harmed, as opposed to every individual affected by the breach.
This definition sets the threshold for determining whether a data breach is an "eligible data breach," which triggers mandatory notification obligations. If unauthorized access or disclosure of personal information is likely to cause serious harm, organizations must report the breach within 72 hours.
Meanwhile, the EU's GDPR imposes similar compliance requirements on businesses that collect personal information from individuals within the EU. The regulation applies to virtually all businesses, regardless of their location, and aims to strengthen and unify data protection for all individuals within the EU. Businesses that provide a health service are also included, and non-compliance with GDPR can result in hefty fines.
GDPR gives individuals in the EU greater control over their personal data, including the right to be informed about how their data is being used. The law also includes provisions for data breach notification, data protection by design and by default, and the requirement for businesses to obtain explicit consent from individuals before collecting and processing their personal data.
In Australia, the Mandatory Data Breach Notification Law comes into effect on February 22, while the GDPR took effect on May 25, 2018, in all EU member states. Both laws apply to entities that contract with federal government agencies and private entities subject to the Australian Privacy Act. Entities with an annual turnover of more than $3 million are included in the Australian law, and all businesses, regardless of size, are subject to the GDPR.
In summary, both the Australian Mandatory Data Breach Notification Law and the GDPR emphasize the importance of protecting personal information and provide clear guidelines for businesses to follow. Understanding these guidelines is essential for businesses to avoid hefty fines and maintain the trust of their customers.
In the digital business landscape, both Australia's Mandatory Data Breach Notification Law and the European Union's General Data Protection Regulation (GDPR) focus on safeguarding personal information. The former highlights the potential for financial harm to individuals as a type of serious harm that triggers mandatory breach notifications, whereas the GDPR combines stringent data protection measures with giving individuals greater control over their personal data.
