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Feedback on Notifiable Data Breaches Scheme Draft Resources

The Law Council of Australia thanks the Office of the Australian Information Commissioner (OAIC) for the opportunity to provide feedback on the Notifiable Data Breaches (NDB) scheme draft resources.

The Law Council acknowledges the assistance of its Privacy Law Committee of the Business Law Section, the Law Society of South Australia, and the Law Society of New South Wales in the preparation of this submission.

The Law Council considers that the draft resources will be helpful for agencies and organisations because they summarise the law. However, the Law Council considers that the draft resources should provide clearer direction on what organisations are subject to the NDB scheme, what types of breaches must be notified, and the manner of notification. For example, as most law practices hold data they would fall within the scope of the NDB scheme. Therefore, the issue to consider is under what circumstances they are required to report breaches of that data.

The Law Council has the following general suggestions on how to enhance the draft resources:

You can read the full submission below.

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