New bill proposes mandatory privacy breach notification regime for NSW – again
On 20 June 2019, shadow attorney general Paul Lynch reintroduced a bill that seeks to establish a mandatory data breach notification scheme in NSW.
The Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill would require state agencies to notify affected individuals and the NSW Privacy Commissioner after a “serious” breach of privacy.
This bill is almost identical to another introduced by the opposition in November 2017, of the same name which was opposed by the government and lapsed.
If passed the bill would introduce a mandatory data breach notification scheme similar to the current federal regime which does not apply to state government agencies or local councils.
Currently notification in NSW is voluntary and to assist NSW public sector agencies, the Information and Privacy Commission NSW (IPC) has developed a suite of resources to support NSW’s voluntary data breach reporting scheme, available here.
In reintroducing the bill the shadow attorney general cited recent events around the alleged leaking of personal details of motorists by the office of the Customer Service Minister Victor Dominello, which has been referred to the state’s corruption watchdog.
It is interesting to note that the quarterly statistics published by the IPC for voluntarily reported data breaches in NSW are a small fraction of the number reported to the OAIC under the mandatory scheme.
The OAIC recorded a significant increase in reports once it was mandatory. A key benefit of mandatory reporting is that it forces organisations to critically assess the risk of serious harm to individuals and this means there is likely to be more notifications to individuals, empowering them to take action to prevent harm arising from breaches.
Author: Lyn Nicholson
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Shenhua Watermark Coal Pty Limited v Department of Planning and Environment  NSWCATAD 119
ADMINISTRATIVE LAW – administrative review - Government Information – third party consultation - public interest considerations against disclosure – whether information provided in confidence – whether disclosure could reasonably be expected to diminish competitive commercial value of information – whether disclosure could prejudice business and commercial interests – onus on third party applicant to establish an overriding public interest against disclosure – onus not discharged
Two Cubed Pty Ltd v Secretary of the Department of Education NSW  NSWCATAD 122
ADMINISTRATIVE LAW- Education and Care Services National Law – review of a decision refusing provider approval under section 15(2) of the National Law – whether a fit and proper person - Objects and Principles of National Law – Children – Childcare Services – Administrative review jurisdiction – correct and preferable decision - whether the Tribunal should uphold the decision or substitute decision.
Nolan v Commissioner of Police, NSW Police Force  NSWCATAD 120
ADMINISTRATIVE LAW - GIPA Act – Government Information – whether information held by the agency – whether in possession or control – capacity as an officer or member of staff of an agency – obligation to undertake reasonable searches
Seremetis v NSW Department of Justice  NSWCATAD 118
ADMINISTRATIVE LAW – Government Information – CCTV footage of interior of correction centre - public interests against disclosure of the information in the way requested
Rivero v Commissioner of Police, NSW Police Force  NSWCATAD 115
ADMINISTRATIVE LAW – Government Information – audit report - personal information – access to information about an individual by the individual - whether prejudice to an agency’s functions
Shehata v Department of Fair Trading; Visual Building Constructions Pty Ltd v Department of Fair Trading  NSWCATAD 116
ADMINISTRATIVE Law – administrative review – home building - fit and proper person -– weight of evidence – adverse findings
ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – public interest considerations
Regulations and other miscellaneous instruments
Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2019 (2019-242) — published LW 14 June 2019
Bills introduced Government - Non-Government – 21 June 2019
Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019
Bills passed by both Houses of Parliament
Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019
Bills assented to
Statute Law (Miscellaneous Provisions) Act 2019 No 1 — Assented to 17 June 2019
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Published by Christine Jones