Privacy Law

Data breach compliance and response plans

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Malcolm Burrows

Dundas Lawyers has worked with various entities (as that term is defined in the Privacy Act 1988(Cth)(Privacy Act), to ensure that they have robust and flexible data breach response plans in place in the event of an eligible data breach.

On 23 February 2018 the notifiable data breach scheme (Scheme) was enacted, through legislation amending the Privacy Act making it mandatory for certain (eligible) entities to notify affected individuals in the event of an eligible data breach.   The sections of the Privacy Act that relate to eligible data breaches are contained in Part IIIC – Notification of Eligible Data Breaches – sections 26WA to 26WT.

Good compliance and governance – it’s about creating a trail of admissible evidence

Dundas Lawyers prepares data breach response plans with the goal of not only complying with Part IIIC of the Privacy Act but being able to prove that a businesses actions comply.   Therefore our data breach response plans include actions to be taken in the event a data breach incident is reported, and registers and records to be kept at every stage from initial assessment through to notification requirements.

Testing the data breach response plan

It’s all very well to have a plan and to say that your business completed training, (for example), however to ensure that your data breach response plan works its best to ensure that its tested at regular intervals.   It’s also prudent to have a system of ensuring that regular tests and other tasks are completed in a systematic manner.

The contents of a data breach response plan will of course depend on the complexity of the organisation and the sorts of personal information collected and disseminated.

Further information

If you’d like a tailored data breach response plan implemented to ensure compliance with your businesses obligations under Part 111C of the Privacy Act feel free to contact me for an obligation free and confidential discussion:


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