Notification of data breaches under the continuous disclosure regime

Low, Rouhshi, Burdon, Mark and von Nessen, Paul (2010) Notification of data breaches under the continuous disclosure regime. Australian Journal of Corporate Law, 25 1: 70-100.

Attached Files (Some files may be inaccessible until you login with your UQ eSpace credentials)
Name Description MIMEType Size Downloads
Author Low, Rouhshi
Burdon, Mark
von Nessen, Paul
Title Notification of data breaches under the continuous disclosure regime
Journal name Australian Journal of Corporate Law
ISSN 1037-4124
Publication date 2010
Sub-type Article (original research)
Volume 25
Issue 1
Start page 70
End page 100
Total pages 31
Place of publication Chatswood, N.S.W., Australia
Publisher LexisNexis Butterworths
Collection year 2011
Language eng
Formatted abstract
Consumer personal information is now a valuable commodity for most corporations. Concomitant with increased value is the expansion of new legal obligations to protect personal information. Mandatory data breach notification laws are an important new development in this regard. Such laws require a corporation that has suffered a data breach, which involves personal information, such as a computer hacking incident, to notify those persons who may have been affected by the breach. Regulators may also need to be notified. Australia currently does not have a mandatory data breach notification law but this may be about to change. The Australian Law Reform Commission has suggested that a data breach notification scheme be implemented through the Privacy Act 1988 (Cth). However, the notification of data breaches may already be required under the continuous disclosure regime stipulated by the Corporations Act 2001 (Cth) and the Australian Stock Exchange (ASX) Listing Rules. Accordingly, this article examines whether the notification of data breaches is a statutory requirement of the existing continuous disclosure regime and whether the ASX should therefore be notified of such incidents.
Keyword Consumer personal information
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Non HERDC
TC Beirne School of Law Publications
Version Filter Type
Citation counts: Google Scholar Search Google Scholar
Created: Sat, 26 Mar 2011, 20:04:13 EST by Ms Barbara Thorsen on behalf of T.C. Beirne School of Law