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Australia to Enact Laws for Notifying Data Hacks

Australia is trying to enact laws under which consumers would be notified about data hacks. This' the third effort for approving the laws after both Coalition and Labor governments stranded passage of the laws inside the Senate.

The country at present doesn't have a data hack notification act even though the Joint Parliamentary Committee on Intelligence and Security issued a recommendation during February 2015 for breach notification acts to be formulated for Australia by 2015-end. The legislation was suggested to be before the compulsory data-retention acts' implementation.

Michael Keenan Justice Minister initiated legislation on October 19 for the imposition of compulsory hack notification program for organizations, agencies as well as entities that the Privacy Act regulates.

The Minister told parliament that information regarding a serious hack to consumers would let potential victims towards adopting measures for safeguarding themselves. News.com.au posted this, October 19, 2016.

There's a similarity between the current period laws and the ones drafted during 2015. Both describe such notifications would be required solely when there's theft of credit card details, personal information, and tax filing number details along with the credit eligibility factor which causes real danger of severe damage to individuals.

The explanatory memorandum suggests that the laws don't intend to make all types of data hacks notified such as minor hacks wouldn't be appropriate to get informed as the administrative burden associated with it can be high for companies. Moreover, consumers may feel a 'notification fatigue' and no utility of a notification that doesn't initiate damage mitigation.

Entities coming under the acts would require informing the Australian Information Commissioner along with breach impacted individuals. In case it's not sure of a hack's occurrence, the impacted entity can investigate within 30 days about whether there's indeed requirement of issuing a notification.

Meanwhile, those not abiding by the acts would be penalized under which the Information Commissioner can ask for enforceable undertakings, start investigations, as well as issue civil penalties when there's repeated/severe encroachment of privacy.

Mark Dreyfus, Shadow Attorney General lately stated that the expected government of the Labor Party could actually enact the acts soon in anticipation of Coalition backing though.

» SPAMfighter News - 10/24/2016

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