Australia. Breach notification. Act (Part)

NDB SchemeNotifiable Data Breaches Scheme (Privacy Act 1988 Part IIIC, inserted by Privacy Amendment (Notifiable Data Breaches) Act 2017)

In force

§1Summary

Synopsis

Requires APP entities to assess suspected breaches within 30 days and notify the OAIC and affected individuals of eligible breaches likely to cause serious harm.

Key themes
  • eligible data breach
  • serious harm
  • 30-day assessment
  • notification statement
  • remedial action exception
Unique features

No fixed hour deadline; notification 'as soon as practicable' after an eligible breach is confirmed.

SaaS relevance

SaaS holding data covered by the Privacy Act must notify; in shared-custody cases one entity may notify for all.

§2Obligations

Extraterritorial
Yes
Breach notification
Assess within 30 days; OAIC and individuals as soon as practicable

§3Dates

Key dates
  • Adopted
  • In force
  • POLA Act 2024 adds ministerial eligible data breach declarations

§4Text and authority

Text
Authority
Office of the Australian Information Commissioner (OAIC)

§5Where it applies

Domestic law of
Australia
Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Dates from general knowledge. [Link: Privacy Act 1988 compilation; NDB scheme is Part IIIC]