the General Data Protection Regulation ( GDPR).The Notifiable Data breach scheme ( NDB Scheme) or.However, organisations may have obligations under other legal instruments such as under a contract or under other legislation. We encourage organisations to report data breaches to OVIC even though the PDP Act does not impose any mandatory breach reporting requirement upon organisations when they experience a data breach (see below for more guidance on notifying OVIC and individuals affected by a breach). As such, it will usually involve a failure to comply with one or more of the IPPs and organisations must therefore take steps to address this non-compliance. The PDP Act contains 10 Information Privacy Principles ( IPPs) that underpin how public sector organisations should collect and handle personal information.Īs mentioned above, a data breach occurs when personal information held by an organisation is subject to misuse, loss or unauthorised access, modification or disclosure. Part 2: Privacy implications of a data breach The PDP Act and the Information Privacy Principles Furthermore, data breaches can result in reputational damage and a loss of public trust. Responding to the initial breach and subsequent complaints may have financial, legal and resource implications. Organisations can also suffer harm as a result of a data breach. Disruption of government services and/or.Loss of employment or business opportunities.Some examples of harm arising from a data breach include: Harm to individuals as a result of a data breach can be physical, financial, emotional or reputational. It is not surprising, therefore, that while some data breaches may have no impact or only a minor impact on affected individuals, other data breaches can have serious consequences. It is also important to the realisation of other human rights 5 such as the right to freedom of expression 6 and, in extreme circumstances, the right to life 7. It is well understood that the right to privacy can enable the free development of an individual’s personality and identity, and an individual’s ability to participate in political, economic, social and cultural life. Privacy is a human right 3 and information privacy (being the protection of personal information) is a key aspect of this right. Personal information in the responses has been electronically redacted in PDF format but the organisation later discovers that the personal information can be rendered visible where the contents of the PDF are copied and pasted into a Microsoft Word document. It can also be caused by human error or by a failure of an organisation to implement effective information management or security systems.Īn organisation publishes details of a new project on its website which includes responses to consultation. Types of Data BreachĪ data breach can be caused deliberately as a result of a malicious act from an external or internal party. What is a Data Breach?įor the purposes of this guide, a data breach occurs when personal information 1 that is held by a public sector organisation 2 ( organisation) is subject to misuse or loss or to unauthorised access, modification or disclosure. As a result, you will notice that this document primarily focuses on organisations’ obligations from the perspective of potential impacts of data breaches upon individuals (who are the beneficiaries of privacy rights as protected under the PDP Act). This guide is intended to assist organisations that are subject to the Privacy and Data Protection Act 2014 (Vic) ( PDP Act) to prepare for and respond to the privacy implications of data breaches that involve personal information. Part 1: Introduction Scope and purpose of this guide This animation provides an overview of what to do if you experience a data breach.
0 Comments
Leave a Reply. |