The NSW public sector is to introduce a new Mandatory Notification Data Breach scheme requiring all Government Agencies to notify the Privacy Commissioner whenever a data breach occurs involving personal information that was likely to result in harm to someone.
The Privacy Commissioner, Samantha Gavel, has welcomed the decision saying it would require all Government Departments, public universities and local Councils to respond to new standards of accountability and transparency to protect personal information.
Ms Gavel said a draft Privacy and Personal Information Protection Amendment Bill 2021 had been created to establish the Mandatory Notification Data Breach (MNDB) scheme and encourage public consultation with citizens and organisations reviewing and sharing their comments on it.
The Department of Communities and Justice (DCJ), in consultation with the Information and Privacy Commission (IPC), the Department of Customer Service and the Department of Health, will receive the public feedback on the draft Bill.
Attorney General Mark Speakman said protection of people’s privacy was crucial to public confidence in NSW Government services.
“I encourage anyone with an interest in this area to make a submission,” Mr Speakman said.
He said the Scheme would ensure greater openness and accountability in relation to the handling of personal information held by Agencies.
Ms Gavel said she expected the Scheme to increase citizen trust in Agency handling of personal information; increase Agency awareness of, and responses to, data breach incidents; encourage Agencies to elevate capability to mitigate the risk of data breaches; and provide citizens with information to reduce their risk of harm following a data breach.
She said the IPC currently had a voluntary data breach scheme in place and encouraged Agencies to continue to report significant breaches to the IPC and voluntarily notify affected individuals.
DCJ’s Draft Bill, including information on how to have a say, can be accessed at this PS News link with comments available to be lodged until 18 June.
