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Are You Obligated to Notify The Government Or Your Customers In The Case Of A Data Breach?

Jurisdictions around the globe are moving quickly to mandate actions and remedies by companies in the case of data breaches involving customer information.  Whether by local or federal law, your company is now likely to have certain evaluation and reporting obligations with regard to the protection of customer data.  For instance, in the United States, forty-seven states have enacted legislation requiring private, governmental or educational entities to notify individuals of security breaches of information involving personally identifiable information.

Data Breach Ally Law

Australia is very close to enacting a federal scheme requiring entities covered by the Privacy Act to notify the Privacy Commissioner and those affected by a serious data breach as soon as it is aware, or ought reasonably to be aware, that it has suffered a “serious data breach.”  This bill is now released for public consultation; if you have concerns about it and wish to comment, you have a limited time period to do so.

To prepare for how this bill, when enacted, will affect your business, and to evaluate your current data security systems and prepare appropriate internal processes to efficiently and legally respond to data breaches, please consult an attorney at an Ally Law member firm.  Ally Law member firms are experienced in intellectual property law and protections, data security law, and company responses to governmental inquiries and mandates.  For more information about our services in this area, contact us at yourally@ally-law.com.

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By Russell Kennedy.