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NSW becomes first to introduce mandatory data legislation

Mandatory notification of data breach schemes to create new standards of accountability and transparency will become a reality in NSW, making it the first Australian state or territory to move forward with the privacy laws.

user iconNaomi Neilson 10 May 2021 Big Law
NSW becomes first to introduce mandatory data legislation
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The mandatory data breach notification scheme would ensure the NSW public sector notifies the privacy commissioner and affected individuals when a data breach involving private information is likely to result in serious harm. Attorney-General Mark Speakman said it is “crucial” to both privacy and public confidence. 

“If passed, this bill will introduce a scheme that will ensure greater openness and accountability in relation to the handling of personal information held by NSW public sector agencies,” Mr Speakman said in a recent announcement. 

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The NSW Department of Communities and Justice said the state’s Department of Customer Service listened to key stakeholders who provided support for the introduction of the scheme and had input on how it should be operated. It has asked for public submissions until mid-June from interested parties. 

The Minister for Digital and for Customer Service, Victor Dominello said privacy was the hallmark of democracy and “must be carefully guarded”. 

“The NSW government is committed to enhancing services through digital innovation, but it is vital the use of technology and data embodies the highest privacy, trust and security standards,” Mr Dominello added. 

“The information and privacy commission NSW and agencies such as Cyber Security NSW support the introduction of mandatory reporting to clarify agency obligations and give the NSW public sector greater certainty about how data breaches involving personal information will be handled.”

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