In the past, data breaches have become major issues and caused significant harm to those on the receiving end.
It is important for the government to take action and make sure they’re aware of what is going on and then putting down the legal hammer on those who are breaking the law. The only way this was ever going to be possible was with new legislation that made it official.
This is why they have come out with the mandatory data breach legislation Australia has to offer because it is the real deal and is going to protect those who need it the most.
Here is more on why this is the most important legislation that has come out in recent times and is going to do wonders for those who are looking to get things in order as soon as possible. Most legal experts are stating this is a game-changer and for a good reason.
Mandatory Data Breach Legislation Set For 2017
The mandatory data breach legislation Australia has to offer is going to be coming out in 2017.
They are planning on ironing out the details and making things as official as they can before it is launched. The goal is to make sure it is brought out in the best light and works as well as it is intended to. Most of the world is already doing it, and it all started in California.
The goal was to make sure data breaches were being analyzed and punished to the best of the law’s ability. With how things are right now, this is going to help protect people who are seeing their sensitive information released to the public without justice.
It is going to be released with all of those details in place, and that is going to bring about positive change for those who need it the most.
Analyzes All Data Flow
What is the premise of this legislation and why is it being put in?
The reason it is being put in is simple enough. The government and legal system are looking to put the hammer down on data breaches that are being seen on the grand scale. They want to make sure things are not being swept under the rug to save a company’s public image because that is unfair to those who have seen their information released to the public.
What are the organizations going to be responsible for when it comes to this? They are going to be made responsible for keeping track of all breaches and reporting them as soon as possible to the appointed official. If not, they are going to be guilty of breaking the law just like those who have breached the servers.
This is important as it is going to cause major harm to the business if not taken care of. It will also allow the government to keep tabs on companies who are on the edge when it comes to data breaches.
Reports Sent To Privacy Commissioner
Who is going to be on the receiving end of this information that will be released by organizations? Let’s assume data breach has taken place in a larger organization, and they are thinking about taking action. They will be told to immediately report these issues to an appointed Privacy Commission.
This commission is responsible for taking a look at the data breach, reporting it, and then sending it through the legal system for further analysis.
This is going to ensure there is a process in place for those who are stuck on the wrong end of things with data breaches. It will also ensure organizations are not left to fend for themselves when it comes to persecuting those who are breaching their data in the first place.
It is much easier to pass informaiton on to the commissioner because he/she will know what to do and is going to take action right away after analyizing the informaiton that has been sent their way. It will help break things down and analyze how to move forward legally.
This is a major change based on what the rest of the world is doing and that is why Australia is looking to set things up in such a manner. It will work and help thousands of people around the nation.
Follows World’s Lead In Data Legislation
What direction is the world going in? Is Australia on the right path with this legislation?
Yes, Australia is on the right path with this legislation because other nations have had this in place for more than a decade. California was the first place to start this sort of legislation because they realized the importance of staying on top of data breaches.
They didn’t want deviants to get things into place and then get away with what they were doing. Plus, it is harder for organizations to take care of these breaches on their own as there is only so much they can do. However, with this legislation in Australia, it will become much harder for deviants to go unpunished and that is what matters.
This is following the world’s lead and is a must in this day and age because of how sensitive data has become in the grand scheme of things.
Exceptions In Place
There are a few exceptions in place when it comes to the law and how it is going to work out for those who are falling under it. For example, individual businesses are not going to be made responsible for this legislation and will not have to make changes.
There are others who are not going to be made responsible for reporting breaches.
Here are some of the “exceptions” that fall under this legislation and are going to be pointed out to organizations. As long as the breaches are reserved to this, they will not have to be mentioned in an official report to the Privacy Commissioner and can be handled internally.
1) Mistaken Email Sent To Wrong Address
2) Fraudulent Activity on One Account
3) Employee Access Information (One-Off Case Only)
It is important to note, while these exceptions are mentioned, the law can still come down on an organization if there is additional research that illustrates they swept things under the rug. Anything past these exceptions will not be tolerated, and that is the reason the legislation is necessary.
It has a major role to play in how things are handled as time goes on.
The wrong approach can lead to significant civil penalties for all parties including the business itself.
Small Businesses Aren’t Included
Who isn’t included under this legislation?
While the exceptions have been mentioned and they do have a major role to play in the grand scheme of things, you’ll also notice small businesses are not going to be responsible for reporting breaches. They will be able to go through the regular avenues that are set up for them if necessary.
This is done to make sure small businesses are not being put under the pump financially and can handle their data breaches with the right measures. They will have the option to do so if they like but in general, they are not going to be legally obliged to do so.
This is done to ensure they are not being put in a tough position and can manage most simple breaches on their own. The Privacy Commissioner is looking to go after the larger cases where thousands or millions of people are going to see their sensitive information released into the public.
Looks To Limit Damage
What is the reason this legislation is being set in the way it has been established? Why are they going in this direction in the first place?
There are many reasons, and it has a lot to do with their goal of limiting damage as soon as possible. There is a lot of damage that can take place, and data breaches are not a joke. The Australian task force that is responsible for cyber crimes has realized the numbers are rising.
This information has been put in front of the legislators and is the reason there is a mandatory law being put in place.
Civil Penalities For Convicted Breaches
Let’s move onto the most important step for those who are going to see the case go through to the Privacy Commissioner. Let’s assume there is something to convict a business or deviant for, what is going to happen next? What does the legislation have to say about penalties?
There are civil penalties that are going to be put in place.
These are going to include:
1) Maximum Penalty of $360,000 for Individuals
2) Maximum Penality of $1,800,000 for Companies
Most of these penalties are going to be reserved for larger cases where there were severe or repeat instances of breaching. The Federal Circuit Court is going to be held responsible for providing this verdict after the case goes through in the long-term.
The goal is to make sure things are done in a manner where everything is assessed before a decision is made.
Recommended To Assess Current Data Policies
Businesses who have been relaxed with how they’ve handled data breaches in the past are told to remain aware of what they’re doing right now. There are too many examples of organizations who have been unaware of what is going on or have taken soft stances against such scenarios.
This will not be allowed any longer as it can hamper the business as a whole in the eyes of the law.
All businesses will be told to make changes in advance, so they’re ready for what is going to unfold.
This is the beauty of the mandatory data breach legislation Australia has revealed and put through for approval. It is going to be ready to go soon in 2017 and should bring change to what is going on in the modern world of business. A lot of data breaches take place, and it is highly recommended for businesses to stay on top of them bu that wasn’t happening as well as it should have.
This is why the government has found it important to bring about the change on their own with the help of this mandatory data breach legislation Australia has to offer. It might help push things along at a pace that is necessary and could protect those who have been on the wrong end of these breaches.
The current setup requires it, and most of the world is following suit including Australia right now.
