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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minuteAustralia’s Notifiable Data Breaches (NDB) scheme requires organisations covered by the Privacy Act 1988 (Cth) to notify the Office of the Australian Information Commissioner (OAIC) and affected people when a personal information breach is likely to cause serious harm and remedial action has not prevented that harm. A suspected breach must be assessed within 30 calendar days; once there are reasonable grounds to believe it is eligible, notification should proceed promptly rather than wait for the deadline.
Which organisations are covered by the NDB scheme?
The scheme sits in Part IIIC of the Privacy Act 1988 (Cth) and applies to breaches occurring on or after 22 February 2018. It applies to entities with Privacy Act obligations to protect personal information, not automatically to every Australian organisation.
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OAIC examples of covered entities include Australian Government agencies; businesses and not-for-profit organisations with annual turnover above AU$3 million; private-sector health service providers; credit reporting bodies and credit providers; entities that trade in personal information; and tax file number (TFN) recipients. Some small business operators with turnover of AU$3 million or less are also covered, including TFN recipients. The general turnover threshold is not a blanket exemption: check the Privacy Act’s coverage rules for the particular entity. The OAIC’s NDB scheme guide explains the scope and coverage categories.
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An incident is an eligible data breach only if all three conditions are met:
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- There is unauthorised access to or disclosure of personal information held by an entity, or the loss of personal information.
- The breach is likely to result in serious harm to one or more individuals whose information is involved.
- The entity has not prevented the likely risk of serious harm through remedial action.
“Serious harm” is not defined in the Privacy Act. It can include serious physical, psychological, emotional, financial or reputational harm. The assessment is objective and considers both how likely harm is to occur and how serious its consequences could be. The OAIC’s June 2026 quick reference guide says the risk must be more probable than not, rather than merely possible. Relevant factors include:
- the type and sensitivity of the personal information;
- the security protections in place and whether someone could overcome them;
- who obtained, or could obtain, the information; and
- the nature of the harm that could follow.
That means a security incident is not automatically notifiable. It may fall short if no relevant personal information was accessed, disclosed or lost; serious harm is not likely; or remediation prevented the likely serious harm. For lost information, remediation is adequate when it prevents unauthorised access to or disclosure of that information. The OAIC sets out these factors in its guidance on assessing a data breach.
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How long does an organisation have to assess a suspected breach?
When an entity suspects it may have experienced an eligible data breach, it must make a reasonable and expeditious assessment. It must take all reasonable steps to complete that assessment within 30 calendar days after the day it became aware of the grounds or information that caused the suspicion. The OAIC treats 30 days as a maximum, not a target; assess faster where possible because delay can increase the risk of harm.
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Entities should document the assessment process and its outcome. If completing it within 30 days is not reasonably possible, record why and what steps were taken. See the OAIC’s assessment guidance for the required timeframe and process.
Who must be notified, and what must the notice contain?
Unless an exception applies, an entity that has reasonable grounds to believe an eligible data breach has occurred must promptly give a statement to the OAIC and notify individuals at risk of serious harm as soon as practicable.
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- Re Inking Unlimitedly: the information blocker stamp can cover information of the length about 100 meters. And each security stamper roller has an oil hole, so you don't have to worry about you having to throw away the roller stamps when the ink runs out. They can be refilled with oil for repeated use, saving time and energy
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The OAIC statement must identify the entity and provide contact details, describe the breach, identify the kinds of personal information involved, and recommend steps individuals can take to reduce the impact. The entity can notify every affected individual, only those at risk of serious harm, or—if individual notification is not practicable—publish the statement and take reasonable steps to draw it to their attention.
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When one eligible breach involves multiple entities, only one entity needs to notify. The OAIC generally suggests that the entity with the most direct relationship with affected individuals take responsibility. Organisations should use the OAIC’s online Notifiable Data Breach form to report an incident. Individuals who want to report a breach of their own information should make a privacy complaint instead.
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- Re Inking Unlimitedly: the information blocker stamp can cover information of the length about 100 meters. And each security stamper roller has an oil hole, so you don't have to worry about you having to throw away the roller stamps when the ink runs out. They can be refilled with oil for repeated use, saving time and energy
- Cover Fast: our identity protection rollers come in 2 different sizes, and you can choose different sizes according to different areas of information to cover large amounts of private information in a fast and clean way, avoiding identity theft and rejecting privacy disclosure harassment
- Easy to Use: just remove the lid on the ID stamp blocker roller and open it, and then gently slide it on the place where the information needs to be covered. It is suitable for most ordinary paper with black words, and can protect your personal privacy in time
- Save Time and Energy: compared with the shredder, the personal confidential stamp has a small size, easy to carry, can be applied anytime and anywhere. Compared to the marker, it covers a larger area and can be quickly covered with a single swipe. There is no need to worry about whether you can not protect your privacy in time
What should an organisation do after discovering a breach?
The OAIC’s general response sequence is to contain the breach, assess the facts and risk while remediating where possible, notify the Commissioner and individuals if required, and review the incident to reduce the chance of recurrence. The first three steps can happen at the same time or in quick succession.
- Contain: limit further access, disclosure or loss.
- Assess and remediate: establish what happened, what personal information and people are involved, and the likelihood and consequences of harm. Take action that can prevent serious harm.
- Notify: if the eligible-breach threshold is met, give the required statement to the OAIC and notify individuals using a permitted method.
- Review: examine the incident and consider what changes could prevent a recurrence.
The OAIC describes this process in its data breach response guidance.
When might an exception apply?
The OAIC lists exceptions involving another entity’s eligible breach, enforcement-related activities, inconsistency with secrecy provisions, and declarations by the Commissioner. The OAIC says declarations are expected to be exceptional. My Health Record data breaches may also be subject to separate reporting requirements under the My Health Records Act. An organisation should check the statutory conditions and the facts before relying on an exception; its existence alone does not establish that a particular breach qualifies.
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The decision turns on the information involved, the circumstances of access, disclosure or loss, the likelihood and consequences of serious harm, and whether effective remediation removes that risk. If the entity is covered, the breach meets the serious-harm test, and remediation has not prevented the risk, notification is a legal duty—not an optional public-relations response. The OAIC’s detailed scheme guide was updated in February 2025, and its quick reference guide was published on 29 June 2026; the applicable statutory text and current OAIC guidance should be checked when applying the rules to a live incident.
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