Notify the OAIC and affected individuals of eligible data breaches

Eligible data breaches must be notified to OAIC and affected individuals 'as soon as practicable'.

criticalcurrentevent driven

Who must comply

All APP entities (Australian Government agencies and organisations with annual turnover >$3M, plus carved-in entities). Small business exemption is set to be removed by 10 December 2026.

What triggers it

An eligible data breach — unauthorised access/disclosure of personal information likely to cause serious harm.

When due

Notification 'as soon as practicable' after the entity is aware it is an eligible breach. Assessment within 30 days.

Evidence required

Breach assessment record, OAIC notification, individual notification, remediation steps log.

Max penalty

Up to $50M, or 3× benefit, or 30% of adjusted turnover (whichever is greater) for serious or repeated interferences

Summary

Under Part IIIC of the Privacy Act, APP entities must notify the OAIC and affected individuals if there has been an eligible data breach — unauthorised access, disclosure, or loss of personal information that is likely to result in serious harm. The assessment must be completed within 30 days of becoming aware. From the 2024 amendments, statutory tort for serious invasions of privacy is now actionable.

Enforced by

Source legislation

Topics

privacyndbdata-breach

Source: https://oaic.gov.au/privacy/notifiable-data-breaches. Rules Mate is not a law firm. Always verify against the live regulator source before acting.