From February 2018, amendments to the privacy law will come into effect. The new legislation creates a positive obligation to conduct an assessment where an entity suspects, rather than believes, an eligible data breach has occurred.
The notification obligations, which will require an entity to notify affected individuals and the regulator, Office of the Australian Information Commissioner (OAIC), of any eligible data breach, will not arise where the data breach is only suspected. However, if during the course of an assessment, it becomes clear that there has been an eligible breach, then the entity needs to promptly comply with the notification requirements.
What is an ‘eligible data breach’?
A ‘data breach’ is any unauthorised access or disclosure of personal information your school holds, or where that information is lost and likely to give rise to unauthorised access or disclosure.
An ‘eligible’ data breach arises where a reasonable person would conclude that the breach is likely to result in serious harm to the person that the information relates to.
What does an assessment involve?
The OAIC has released a draft resource to assist relevant entities on their obligation to assess a suspected data breach. The OAIC makes clear that the obligation is not only to assess the relevant circumstances, but to have in place:
The key issue is that entities must take reasonable steps to ensure a “reasonable and expeditious” assessment is completed within 30 days of becoming aware of the suspected breach. As the Privacy Act does not set out how entities should assess a suspected data breach, your school will need to have a team ready and a response plan in place.
The OAIC recommends a risk based approach to the assessment and that the following 3 stage process could be appropriate:
The OAIC recommends that the process be fully documented.
A key takeaway from this resource is to have a nominated person responsible for undertaking and reporting on the assessment process. The person will need to be provided with the resources to do this task, within the timeframe, and in a way that will withstand scrutiny by the regulator.
When you’re working with students and their families, and interfacing with the government, data security is paramount. Canon’s iR-ADV Gen III Series III multifunction devices deliver multi-layered security that you can rely on to help protect sensitive data from internal and external threats.
In the new era of law, contracts are being completely re-designed or even re-imagined in various ways to make them easier to understand
How to settle on the right practice management software for your business
Men, women and managers, how do their approach and attitudes toward remote working differ?
With automation becoming more and more sought after, what common tasks should remain sacred?
While email has become an everyday part of our work-life, you still might be doing it wrong.
The second in a series of blogs by A.I. expert Dr Jeroen Vendrig. Thhis time we look at how the technology responsible for AI’s recent breakthrough is data-driven machine learning.
If you lead an established, market-leading firm, you face a dilemma.
The first in a series of blogs on AI by Dr Jeroen Vendrig, from Canon Information Systems Research Australia (CISRA)
Email isn’t going anywhere, but there may be better ways to communicate and collaborate with your colleagues
As technology enters classrooms, auditoriums and libraries, it brings new risks to the education sector. All it takes is one click from a student device to potentially compromise your entire network. Faced with these various threats, does the education sector receive a ‘High Distinction’ for its efforts to protect its troves of student and staff data? Recent findings from the inaugural Canon Business Readiness Index on Security suggest not.
Email our customer support teamSend an enquiry
For customer service and sales enquiries just give us a call from within Australia
(8am to 5pm, Monday - Friday)