In recent years, data privacy concerns have grown as Australians increasingly navigate a digital environment fraught with data breaches,
misuse of information, and emerging threats like ransomware.
In November 2024, a significant milestone was achieved in Australia’s legislative landscape as the Privacy and Other Legislation
Amendment Bill successfully
passed both Houses of Parliament. Marking the beginning of substantial reforms to the Privacy Act 1988, this new legislation
underscores the government’s commitment to modernising privacy laws in a digital-first world. These reforms will strengthen individual
privacy rights while placing new responsibilities on businesses.
Directors’ Responsibilities under Section 180
One of the most crucial legal frameworks governing directors’ responsibilities in Australia is Section 180 of the Australian Corporations Act. This provision places a duty on company directors to exercise their powers and perform their duties with care and diligence. This is often referred to as the ‘reasonable person’ standard.
When it comes to data privacy, this standard means that company directors must be proactive in understanding the risks associated with the collection, storage, and processing of personal information. They must also make sure that their organisation has taken the right measures to protect against data breaches. Failing to do so can result in significant legal consequences, including personal liability for directors.
Directors must ensure their companies comply with data privacy regulations such as the Australian Privacy Act and industry-specific standards like ISO 27001.
Best Practice Tips for Data Privacy
To stay ahead of potential data privacy issues, directors and their companies should take a hands-on approach:
- Regular Risk Assessments: Perform regular assessments to identify potential data privacy risks, and implement measures to address them.
- Comprehensive Policies and Procedures: Make sure the organisation has clear, regularly reviewed and updated data privacy policies and procedures.
- Training and Awareness: Provide ongoing training for staff on data protection practices and the importance of compliance with relevant legislation.
- Incident Response Planning: Develop and maintain an incident response plan to address potential data breaches swiftly and effectively.
Above all, make sure your data security compliance is simple, sustainable and integrated into your everyday business operations—it should not be a ‘tick box’ exercise performed to satisfy an annual audit.
de.iterate offers data security solutions like ISO 27001 certification to help safeguard your organisation. Should you wish to to access our ISO 27001 Readiness Checklist, click here: https://deiterate.com/iso-27001/ Should you wish to contact us for further information please email us: hello@deiterate.com
