Notifiable Data Breaches Scheme Coming in 2018

15 09 2017

Notifiable Data Breaches Scheme coming in 2018 – Mandatory “eligible data breach” notification provisions under the Notifiable Data Breaches (NDB) scheme will commence in early 2018.

Why is the NDB scheme being introduced?

The NDB scheme seeks to improve protection of personal information held by organisations and increase transparency in how organisations manage serious data breaches.

Who is affected?

Organisations or entities which are currently bound to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth) will be affected by the new requirements.

What are the new requirements?

Under the new amendments, organisations must notify affected individuals, as well as the Information Commissioner, when the organisation becomes aware that there are reasonable grounds to believe that an ‘eligible data breach’ has occurred or where the organisation is directed to do so by the Commissioner.

What is an ‘Eligible Data Breach’?

A data breach occurs when personal information held by an organisation is lost or subjected to unauthorised access or disclosure. An ‘Eligible Data Breach’ is a data breach that is likely to result in serious harm to any of the individuals to whom the information relates.

When does the NDB scheme commence?

The NDB scheme will take effect on 22 February 2018. It will only apply to eligible data breaches that occur on, or after, that date.

How should I prepare?

All organisations and entities that are subject to the NDB scheme should ensure that they thoroughly review their practices, procedures, systems and response plans for securing personal information and responding to suspected data breaches.

For more information about the NDB scheme, visit The Office of the Australian Information Commissioner website ( or for assistance with your technology law needs, contact us today.

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