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If your business has responsibilities under the Privacy Act then, as specified by the Notifiable Data Breaches (NDB) scheme, you must notify individuals and the OAIC (Office of the Australian Information Commissioner) when a data breach occurs. With regulatory updates in 2025, compliance remains more critical than ever.
An organisation will have obligations under the Privacy Act if it is an Australian government agency, has an annual turnover of more than $3 million, or falls into one of these exceptions. It’s important to note that these thresholds are periodically reviewed, and as of 2025 they continue to apply to businesses operating at a higher scale.
As such, you need to be prepared in case a data breach occurs in your business.
It is important to have a Data Breach Response Plan to ensure you fulfil your obligations to the individuals whose data you hold, as well as the OAIC. Remember, keeping your Privacy Policy up-to-date is a key part of protecting your business in today’s digital environment.
What Are Data Breaches?
A data breach occurs when an individual’s personal information is compromised, whether through loss, unauthorised access, or exposure due to a security failure.
There are many different scenarios in which a data breach can occur. They could be:
- If your customers’ personal information is stored on a device and this device goes missing or is stolen
- If you have a database containing your customer’s information that is hacked
- If personal information is accidentally disclosed or relayed to the wrong person
What Is A Data Breach Response Plan?
A Data Breach Response Plan is a structured framework that outlines the roles and responsibilities required to manage a data breach should one occur.
Your plan should be comprehensive and in writing, ensuring all staff are aware of their roles and the actions they need to take in the event of a breach.
The plan must be easily accessible to all your staff so that it can be implemented at short notice.
The OAIC recommends that Data Breach Response Plans be tested regularly to ensure they remain up-to-date and effective. Testing frequency should be based on factors such as:
- The size of your business
- The nature of your business
- The potential impact on individuals if a breach were to occur
- The sensitivity of the information you collect (i.e. how sensitive it is)
Why Do I Need A Data Breach Response Plan?
It’s recommended that you have a Data Breach Response Plan to enable your business to respond to any breaches in a timely manner.
A quick and efficient response can help decrease the impact of a breach on individuals, reduce the cost of managing the breach, and minimise the potential damage to your business’s reputation.
Adopting a proactive approach not only demonstrates that your business takes privacy seriously but also helps build trust with your clients.
In 2025, with digital threats evolving at an unprecedented pace, it’s more important than ever to regularly test your Data Breach Response Plan. We recommend conducting simulation exercises at least twice a year to identify any vulnerabilities, update your security measures, and ensure all staff remain clear on their responsibilities. For further guidance on staying compliant, you can review our Getting Started with Your Legals guide and our article on legal requirements for starting a business.
What’s In A Data Breach Response Plan?
Your Data Breach Response Plan should address the following key areas:
- Definition of a data breach: Different businesses may define what constitutes a breach in various ways. Your plan should include specific examples relevant to your operations.
- Containment and assessment strategies: Outline clear actions for containing, assessing, and managing the breach, including your obligations under law (e.g. the NDB scheme) and protocols for communicating with affected parties.
- Documentation procedures: Detail methods for recording incidents, which will help demonstrate ongoing compliance with your legal obligations.
- Review and improvement: Specify how you will evaluate the response after a breach and update your procedures to prevent future incidents.
The OAIC provides a sample checklist that can serve as a useful starting point when formulating your own Response Plan.
Need Help?
Putting together a comprehensive Data Breach Response Plan can seem daunting, but it is crucial-especially with the heightened regulatory focus in 2025.
Responding swiftly and efficiently is key to maintaining trust and ensuring that the effects of a breach are contained. For personalised advice on your obligations under the Privacy Act, our team is here to help you navigate the complexities of compliance and data protection.
Get in touch with us at team@sprintlaw.com.au if you have any questions regarding your Data Breach Response Plan or your legal responsibilities under the Privacy Act.
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