NSW Needs a Strong Mandatory Data Breach Scheme: Submission to Inquiry into NSW Adopting a Mandatory Reporting Scheme for Data Breaches

Abstract

This submission seeks to respond to the questions raised in the call for submissions by the NSW Department of Communities and Justice’s (‘NSW DCJ’) Inquiry into Adopting a Mandatory Reporting Scheme for Data Breaches. As scholars working at the intersection of law and technology, we are delighted to participate in this inquiry led by the NSW DCJ. In this submission, we draw upon some of the research conducted by the Allens Hub researchers to assist the NSW DCJ in their inquiry. We are grateful for the opportunity to present our views and hope this submission will assist this Inquiry. The opinions expressed in this submission are the views of the authors, and do not necessarily reflect or present the views or positions of the Allens Hub or the UNSW Law.

Keywords: Data breach, Privacy Act, Mandatory notification, GDPR, Privacy, NSW