GDPR- What it means to an Australian Business
What is GDPR?
At its core, GDPR is a new set of rules designed to give EU citizens more control over their personal data. It aims to simplify the regulatory environment for business so both citizens and businesses in the European Union can fully benefit from the digital economy
What is GDPR compliance?
Data breaches inevitably happen. Information gets lost, stolen or otherwise released into the hands of people who were never intended to see it — and those people often have malicious intent.
Under the terms of GDPR, not only will organisations have to ensure that personal data is gathered legally and under strict conditions, but those who collect and manage it will be obliged to protect it from misuse and exploitation, as well as to respect the rights of data owners – or face penalties for not doing so
What is personal data under the GDPR?
The types of data considered personal under the existing legislation include name, address, and photos. GDPR extends the definition of personal data so that something like an IP address can be personal data. It also includes sensitive personal data such as genetic data, and biometric data which could be processed to uniquely identify an individual.
What does it mean to an Australian Business?
The boundaries cant restrict today’s digital business. It spreads knowingly or unknowingly. Imagine an EU citizen subscribing, using your digital services which are developed, deployed in Australia still comes under GDPR regulation. So makes it more important for an Australian business to be compliant as well.
Difference between EU GDPR & Australian Privacy Act
|EU GDPR||Australian Privacy Act|
|Who does this apply to?||Data processing activities of businesses, regardless of size, that are data processors or controllers||Most Australian Government agencies, all private sector and not-for-profit organisations with an annual turnover of more than $3 million, all private health service providers and some small businesses.|
|What does it apply to?||Personal data – any information relating to an identified or identifiable natural person: Art 4(1)||Personal information (PI) – information or an opinion about an identified individual, or an individual who is reasonably identifiable: s 6(1)|
|Jurisdictional link||Applies to data processors or controllers:
||Applies to businesses:
|Accountability and governance||Controllers generally must:
||APP entities must take reasonable steps to implement practices, procedures and systems to ensure compliance with the APPs and to enable complaints: APP 1.2
Businesses are expected to appoint key roles and responsibilities for privacy management and to conduct privacy impact assessments for many new and updated projects
|Consent||Consent must be:
|Data Breach notifications||Mandatory DBNs by controllers and processors (exceptions apply): Arts 33-34||From 22 February 2018, mandatory reporting for breaches likely to result in real risk of serious harm|
|Individual rights||Individual rights include:
||No equivalents to these rights.
However, business must take reasonable steps to destroy or de-identify PI that is no longer needed for a permitted purpose: APP 11.2. Where access is given to an individual’s PI, it must generally be given in the manner requested: APP 12.5
|Overseas transfers||Personal data may be transferred outside the EU in limited circumstances including:
||Before disclosing PI overseas, a business must take reasonable steps to ensure that the recipient does not breach the APPs in relation to the information: APP 8 (exceptions apply). The entity is accountable for a breach of the APPs by the overseas recipient in relation to the information: s 16C (exceptions apply)|
|Sanctions||Administrative fines of up to €20 million or 4% of annual worldwide turnover (whichever is higher): Art 83||Powers to work with entities to facilitate compliance and best practice, and investigative and enforcement powers: Parts IV and V|