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Privacy Amendment (Notification of Serious Data Breaches) Bill 2015

1. The Law Council is pleased to provide the following submission to the Attorney-General’s Department on the Exposure Draft of the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 (the Bill) and accompanying Mandatory Data Breach Notification Discussion Paper (Discussion Paper). 

2. If enacted, the Bill would require Government agencies and businesses subject to the Privacy Act 1988 (Cth) (Act) to notify the Office of the Australian Information Commissioner (OAIC) and affected individuals following a serious data breach. 

3. Subject to the amendments outlined in this submission, the Law Council supports the passage of the Bill as a mechanism which would allow individuals whose personal information has been compromised in a serious data breach to take remedial steps to avoid potential adverse consequences. 

4. The recommendations in this submission are further aimed at strengthening the Bill’s safeguards, clarity, transparency and oversight mechanisms.

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