Businesses need to understand how much
and what kind of data they possess.

Businesses need to know where
and how data is collected and stored.

Businesses need to be aware of who has
access to data and for what purposes.

Businesses must remain strictly
compliant with data privacy laws.

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Data Privacy 2018-07-05T06:34:04+00:00

GENERAL INFORMATION

Data Privacy, also known as Information Privacy is concerned with what information an organisation or individual can share with an unrelated or third party. Privacy laws have been overhauled in the last two decades, as information pertaining to an individual or organisation has been lodged, used and displayed electronically.

There are innumerable advantages to have specific information about an individual available to be shared and used. However, with this ability comes the very real threat of the same specific information being used for fraudulent or illegal activities.

Several countries have established new data privacy regulations as a counterpoint to the abundance of identifiable electronic information available to be used from public or private stores. In 2018, two specific regulations will be enforced: European Union’s General Data Protection Regulation and the amendment to the Australian Privacy Act 1998; Notifiable Data Breaches scheme.

Many countries have developed information privacy regulations or guidelines, some of which are shown below.

Federal Law No. 149-FZ on Information, Information Technologies and Data Protection 2006 (Data Protection Act) and Federal Law No. 152-FZ on Personal Data 2006 (Personal Data Protection Act).

The United States has taken a different approach to mandating data privacy by enabling sectoral compliance standards and regulations to be developed, created in response to the needs of a industry or section of the population. Three common examples of which are:

  • Health Insurance Portability and Accountability Act (HIPAA) – Enacted in 1996 with five sections (titles).  Title II ‘HIPAA Administration Simplification‘, deals with standards for the handling, storing and dissemination of electronic healthcare records.
  • Children’s Online Privacy Protection Act (COPPA) – Enacted in 1998, to protect the privacy of children under the age of thirteen (13).
  • Electronic Communications Privacy Act (ECPA) – Enacted 1998, where Title II protects the privacy of the contents of files stored by service providers and of records held by the subscriber service providers.

Australian Privacy Act 1988 – Notifiable Data Breaches

February 22nd, 2018 was the date that Australia enacted a new Privacy Amendment Bill known as Notifiable Data Breaches (NDB).

This amendment to the Australian Privacy Act 1988 stipulates mandatory data breach requirements related to “when notification to authorities and affected individuals must occur”.  With organisations due to report incidents within thirty (30) days to the Australian Information Commissioner (OAIC).

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Notifiable Data Breaches Scheme

"Agencies and organisations must be prepared to conduct a quick assessment of a suspected data breach to determine whether it is likely to result in serious harm, and as a result require notification."
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NDB Important Facts

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European Union General Data Protection Regulation

The European Union General Data Protection Regulation (GPDR) came into effect on May 25, 2018 and has sweeping requirements for all EU organisations and those businesses providing goods and/or services to EU data subjects.

GDPR Important Facts

European Union General Data Protection Regulation

The European Union General Data Protection Regulation (GPDR) came into effect on May 25, 2018 and has sweeping requirements for all EU organisations and those businesses providing goods and/or services to EU data subjects.

GDPR Important Facts

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