Australia Privacy Amendment (Notifiable Data Breaches) Act 2017 Compliance

nCipher can help your organization comply with Australia’s Privacy Amendment (Notifiable Data Breaches) Act 2017

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Regulation

February 2018

Australia Privacy Amendment

Australia's Privacy Act established a mandatory requirement to notify the Privacy Commissioner and affected individuals of data breaches. It took effect on February 22, 2018.

nCipher provides an environment for secure cryptographic processing as well as key generation and protection.

Regulation Summary

On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of "eligible" data breaches. The Privacy Amendment (Notifiable Data Breaches) Act 2017 amends Australia's Privacy Act 1988 and is slated to take effect on February 22, 2018 if no earlier date is proclaimed.

Penalties

According to Global Legal Monitor:

A failure to notify that is found to constitute a serious interference with privacy under the Privacy Act 1988 can be penalized with a fine of up to … AU$1.8 million … (about … US$1.37 million …).

Compliance Summary

Section 26WG of The Act says breach notification is not necessary if “access or disclosure … would not be likely to result in serious harm.” The section further states:

Access to, or disclosure of, information would not be likely [to result in serious harm] if a security technology or methodology:

...

(i) was used in relation to the information; and

(ii) was designed to make the information unintelligible or meaningless to persons who are not authorised to obtain the information

nCipher can help your organization keep breaches from happening in the first place through:

  • Hardware security modules to provide a hardened, tamper-resistant environment for secure cryptographic processing, key generation and protection, encryption and more
Hardware Security Modules (HSMs)

nShield HSMs from nCipher provide a hardened, tamper-resistant environment for secure cryptographic processing, key generation and protection, encryption and more. Certified at FIPS 140-2 Levels 2 and 3, nShield HSMs support a variety of deployment scenarios. nShield Connect and Solo HSMs also provide a secure environment for running sensitive applications. The CodeSafe option lets you execute code within nShield boundaries, protecting your applications and the data they process.

In addition nShield HSMs:

  • Generate and protect root and certificate authority (CA) keys, providing support for PKIs across a variety of use cases
  • Sign your application code so you can ensure that your software remains secure, unaltered and authentic
  • Create digital certificates for credentialing and authenticating proprietary electronic devices for IoT applications and other network deployments.

Other key data protection and security regulations

Philippines Data Privacy Act

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Regulation

Active now

The Philippines Data Privacy Act adopts international principles and standards for personal data protection and apply to the processing of personal data across both government and private sector.

Learn More

South Korea’s PIPA

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Regulation

Active now

One of the strictest data protection regimes in the world, it is supported by two pieces of sector specific legislation related to IT and communications networks and the use of credit information.

Learn More

Australia Privacy Act

eIDAS

Regulation

February 2018

Australia's Privacy Act establishes a mandatory requirement to notify the Privacy Commissioner and affected individuals of data breaches. It will take effect on February 22, 2018.

Learn More
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