Earlier this year a data breach occurred at a company called Page Up that affected the University of Tasmania. Discuss the responsibilities of companies in the event of a data breach in relation to the Federal Data Breach Notification (NDB) scheme.
Notifiable Data Breach scheme
In this report the topic that will be discussed is of the data beach. The incident that will be evaluated in the report is of the data breach that happen in the company named Page Up which affected the Tasmania University. In this report the assessment will be made on the data breach. The report will show the vulnerabilities of the data breach. The scheme of the federal data Breach Notification (NDB). In this report assessment will be on the fact that how the company can take some measurement to avoid these kind of data breach (Leonard and Principal 2018). The responsibilities of the company will be discussed in the report on the context of Federal Data Breach Notification scheme. In the further report the mitigation techniques will be given according to the data breaches.
This is one kind of scheme that protects the data from getting breach, this act comes under the privacy Act 1988 under Part3C. This enables the procedure that required after a potential data breach. When a data breach occurs it affects the individuals and the organizations because the data contains lots of confidential information about the companies or about the human beings (Feary 2018). The notifiable data breach scheme helps the company to get notified of the potential data breach. It states various aspects that how the companies will be able to take care of the situation when a data breach occurs. It considers the suspected data reach and then notify the users about the potential harm.
Data breach mainly happens when a data is manhandled by the unauthorized user and use the data without the consent of the owner. There are several situation that is known to be the eligible for data breach like when a device of that contains confidential information get stolen or lost, when the confidential data base hacked, when the personal information is accessed by the unauthorized user (Bird 2017).
The Notifiable Data Breach (NDB) scheme is required it helps the individuals and the companies to act properly after a data breach. This scheme helps the users for the protection against the data breach. This scheme enables the transparency of the companies when they require to respond to a data breach. The NDB provide support to the data of the companies and it increases the information security of the industries in Australia. The NDB scheme also provide required steps to decrease the portion of the damage due to the data breach (Brown 2017). So it is necessary for the every company to adapt the Notifiable data Breach Scheme.
Eligible Data Breaches
The university must adapt the scheme of notifiable data breach. The scheme of the NDB is mainly applied to the organization those are in need to protect the data from a data breach and to get notified of the harm. The NDB covers several different area like the government agencies of Australia, businesses, non-profit organisations, universities, health care sectors, and the other major industries. The notifiable data breach notify the individuals about the eligible data breaches (Subocz 2018). The company that will adapt the scheme will be beneficial immensely as it covers the act of the privacy for the data. The NDB advices several recommendations that whet is needed to be done in case of a data breach.
NDB covers a wide range of data breaches and then notify. The unauthorised access to the personal data or stolen the data of other people without their permission is a data breach that will be notified. Many industries affected by this like the University of Tasmania because of the page up attack. The data breach have the potential to harm very seriously, NDB identify the data breach that how much it will affect the organization. All kind of data breaches are not notified as there are several exceptions are present in the case of the data breaches. To protect the data the whole responsibility lies on the organization.
The companies and the organizations are notified to be aware of the data breaches that are eligible. The scheme tells the individuals about the risk of the harm. It is required to send the notification to the organisations to take immediate action against the data breach. The notifications that are send to the individuals and the companies include several information. The informations are as follows:
- Data breach description
- Contact details and the identity of the individual or of the organizations
- The informations that are of concerned data breach
- The recommendation of the further steps that the individuals must take after an eligible data breach.
It is necessary for the all staffs of the organization to take care of the data of the organizations. The company must take three steps to see the privacy law and make the assessment. The three steps are given below:
The first step is to decide if the assessment is required or not to identify the person or the resource that is used for the data breach. In the second step the investigation is made. In this step the required informations are gathered first and then investigation is done. It looks for the all aspect that were associated with the data that were breached (Johnston 2018). In the third and the last step the decisions that are taken basis on the pervious gathered information are evaluated.
In order to adapt the notifiable data breach scheme in a company several steps are needed to be taken care off. The recommended steps are given below:
In the first step security audit is needed to be conduct to see the security of the information. In the audit data security is gathered for further use. Then in the next step a data breach is established to response the team of the company about the data breach. Then as per the data breach a plan is made to respond to the situation and then update the plan if required. In this stage the staffs of the company in needed to be trained properly so that they will be able to response properly in case of any data breach (Selvadurai, Kisswani and Khalaileh 2017). The internal security of the company is also needed to be taken care of properly. In the final step the key contracts will be reviewed properly with the software providers of third parties. So it is required for the all company to take care of the above steps in order to adapt the Notifiable Data Breach (NDB) Scheme.
It is required for the company to take care of the security of the data in order to escape from a potential data breach. It is the responsibility of the employees of the company to adapt the proper measurements for providing the security to prevent the data breach. The NDB provided various situations that are eligible for data breach. These situation need to be mitigated. The company need to assess the data breach that are suspected (Annetts 2018). It is required for the company to mitigate these kind of situation that is lead to the data breaches.
The company must make sure that the data of the company which consists of the confidential data must kept in a proper security so that it cannot be accessed by any third party those do not have the authenticity. The employee of the company must use the information in an efficient way so that any kind of vulnerabilities. Proper measurement is needed to be taken care of by the company like they must use proper firewall so that the data base cannot be hacked (Surrett 2018). The data breach can be only called as an eligible data breach if because of the data breach an organization if affected. It is necessary to identify whether the data breach has serious impact or not. The devices that consist the data must be secured properly so that the device is not stolen or get lost. If this kind situation occurs that the data devices get stolen or lost, so it is necessary to encrypt the data properly. Other security measurements are also needed to be taken care of properly (Feltham 2017).
From the above report it can be concluded that the Notifiable Data Breach Scheme is very helpful for the companies at it provide many benefits. The main feature of the notifiable data breach is to send notification after the data breach occur in a company. In the above report assessment and identification is made on the data breach. The situation of the data breach is described in the above report. The responsibilities of the company is described in the context of the notifiable data breach scheme. The required measurement that the company need to be taken care off is also discussed on the above discussion. The pre requirements that are required to adapt the notifiable data breach scheme is also discussed with the all steps. These steps will be able to help the company to gather the information about the data security and the impact of the data breach.
Annetts, D., 2018. Webwaves: Data protection. Preview, 2018(194), pp.38-38.
Bird, S., 2017. Mandatory notifiable data breaches. Good Practice, (12), p.26.
Brown, H., 2017. Privacy law and cyber security: Is your practice secure?: Client confidentiality and data breach. LSJ: Law Society of NSW Journal, (39), p.88.
Daly, A., 2018. The introduction of data breach notification legislation in Australia: a comparative view. Computer Law & Security Review, 34(3), pp.477-495.
Feary, G., 2018. Risk watch: Notifiable data breaches and the privacy act: Is your law practice bound?. Bulletin (Law Society of South Australia), 40(2), p.21.
Feltham, M., 2017. Three things you need to know about cybersecurity and some recent regulatory changes in Australia trends and special topics. Governance Directions, 69(3), p.152.Feltham, M., 2017. Three things you need to know about cybersecurity and some recent regulatory changes in Australia trends and special topics. Governance Directions, 69(3), p.152.
Johnston, A., 2018. 2018: A year of significant changes to privacy law. LSJ: Law Society of NSW Journal, (41), p.84.
Leonard, P. and Principal, D.S., 2018. The new Australian Notifiable Data Breach Scheme.
Selvadurai, N., Kisswani, N. and Khalaileh, Y., 2017. Strengthening data privacy: the obligation of organisations to notify affected individuals of data breaches. International Review of Law, Computers & Technology, pp.1-14.
Subocz, C., 2018. Providers face new data breach rules. Australian Ageing Agenda, (Mar/Apr 2018), p.34.
Surrett, D., 2018. Shine the spotlight on logistics in Australia. MHD Supply Chain Solutions, 48(3), p.12.
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