August 5, 2020

Volume X, Number 218

August 04, 2020

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August 03, 2020

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Uniformity of Law II: NSW Government Pledges to Introduce Mandatory Data Breach Reporting in Respect to State Government Agencies

Following on from the consultation opened by the NSW Government in July 2019 (the subject of a previous blog), NSW Attorney-General Mark Speakman has committed to introducing a mandatory data breach scheme, according to an article by ITNews.

At present, neither NSW privacy laws nor the notifiable data breach scheme under Part IIIC of the Privacy Act 1988 (Cth) require public sector agencies in NSW to notify the NSW Privacy Commissioner and affected individuals where a data breach creates a risk of serious harm. This led to a consultation conducted by the Department of Communities and Justice in late 2019, which revealed “overwhelming public support” for the introduction of a mandatory data breach scheme in NSW, with the NSW Government “sharing a view” that the relevant scheme should be introduced.

Whilst the article notes that there is still conflicting opinions about what the scheme should look like, it is likely that the scheme will mimic some aspects of the Commonwealth scheme. It is important to note however that several submissions including the Department of Customer Service and the Information and Privacy Commission have supported shortening the notification timeframe for reporting data breaches from 30 working days under the Commonwealth scheme to 10 working days.

Copyright 2020 K & L GatesNational Law Review, Volume X, Number 76


About this Author

Cameron Abbott, Technology, Attorney, Australia, corporate, KL Gates Law Firm

Mr. Abbott is a corporate lawyer who focuses on technology, telecommunications and broadcasting transactions. He assists corporations and vendors in managing their technology requirements and contracts, particularly large outsourcing and technology procurements issues including licensing terms for SAP and Oracle and major system integration transactions.

Mr. Abbott partners with his clients to ensure market leading solutions are implemented in to their businesses. He concentrates on managing and negotiating complex technology solutions, which...

Warwick Andersen Technology Lawyer KL Gates

Mr. Andersen is a senior corporate lawyer with a focus on commercial, technology and sourcing projects. He has advised on large scale outsourcing projects, technology agreements for both vendors and customers, corporate support, privacy and telecommunications regulatory work. He has acted for government departments, large listed companies, telecommunications companies and technology suppliers.

Max Evans Lawyer technology matters, Software as a Service Agreements SaaS Sydney

Mr. Evans is a corporate and transactional lawyer with a focus on information technology and outsourcing. He provides assistance on a broad range of technology matters, including Software as a Service Agreements (SaaS), terms and conditions for software products and platforms as well as software procurement and outsourcing projects. Mr. Evans also provides assistance with technology and privacy aspects of mergers and acquisitions transactions.

Professional Background

Prior to joining K&L Gates, Mr. Evans worked in the insolvency and bankruptcy practice of...