Notifiable Data Breaches Scheme (Australia)
Eligible Data Breach Determination

Notifiable Data Breaches Scheme (Australia) AUNDB-A3: Eligible Data Breach Determination and Serious Harm Threshold

Determine whether a suspected breach is an eligible data breach per Privacy Act section 26WE + serious harm threshold per section 26WG. An eligible data breach occurs where (a) there is unauthorised access to or unauthorised disclosure of personal information OR a loss of personal information that an entity holds in circumstances where unauthorised access to or unauthorised disclosure of the information is likely to occur, AND (b) a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates. Serious harm assessment per section 26WG considers (a) the kind or kinds of information involved + the sensitivity of the information, (b) whether the information is protected by one or more security measures + the likelihood that any of those security measures could be overcome, (c) the persons or kinds of persons who have obtained or could obtain the information, (d) the nature of the harm including physical + psychological + emotional + financial + reputational + other harm, (e) any other relevant matters. Apply OAIC guidance + community standards + sector-specific considerations (health information + financial information + credentials enabling further harm). Document the determination + rationale + evidence in the breach record. Note the section 26WF exception where remedial action effectively prevents serious harm before unauthorised access or disclosure produces consequences.

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