Notice of Record

Breach notices

Data breach notification in Australia

Last checked 7 November 2026 · 5 sources

Short answer

Under Australia's Notifiable Data Breaches scheme, organisations and agencies covered by the Privacy Act 1988 must notify affected individuals and the OAIC when a breach is likely to result in serious harm 1. A suspected breach must be assessed within 30 calendar days 3. The statement to the Commissioner is due as soon as practicable 3. The OAIC received 1,113 notifications in 2024, 595 of them between July and December 4. Breaches before 22 February 2018 are outside the scheme 2.
Law
Privacy Act 1988, Part IIIC 1,3
Start date
Breaches from 22 February 2018 2
Assessment time
30 calendar days, s 26WH(2) 3
Statement to OAIC
As soon as practicable, s 26WK(2) 3
Notifications in 2024
1,113 (518 in January to June, 595 in July to December) 4
OAIC phone
1300 363 992 1

What counts as an eligible data breach

The OAIC sets out three conditions 2. There is unauthorised access to, unauthorised disclosure of, or loss of personal information. The breach is likely to result in serious harm to one or more individuals. The entity has not been able to prevent the likely risk of serious harm with remedial action 2.

A breach that occurred before 22 February 2018 is not an eligible data breach 2. The OAIC suggests treating a breach that began before that date but continued after it as covered 2.

Steps and deadlines

Failure to meet any of these steps is an interference with privacy under s 13(4A), which opens the Commissioner's enforcement powers 3.

  • Contain the breach and take remedial action where possible 3.
  • Assess a suspected breach quickly. Take all reasonable steps to finish within 30 calendar days of becoming aware of the grounds for suspicion, under s 26WH(2) 3.
  • If the 30 days cannot be met, document the steps taken and the reasons for the delay, as the Commissioner recommends 3.
  • Prepare a statement and give a copy to the Commissioner as soon as practicable after becoming aware of an eligible breach, under s 26WK(2) 3.
  • Notify individuals of the contents of the statement as soon as practicable after completing it, under s 26WL(3) 3.

Three ways to notify individuals

Any reasonable method can be used for options 1 and 2, such as a phone call, SMS, mail, a social media post or an in-person conversation 3. A published notice under option 3 must not contain personal information 3.

OptionWhen it can be usedLegal basis
1. Notify all individuals whose data was involvedWhere practicable 3s 26WL(2)(a) 3
2. Notify only those at risk of serious harmWhere practicable 3s 26WL(2)(b) 3
3. Publish the statement on the entity's website and publicise itOnly if options 1 and 2 are not practicable 3s 26WL(2) 3

What the July to December 2024 report shows

The OAIC published its report for July to December 2024 on 13 May 2025 4. Figures are current as of 11 February 2025 and may change as notifications are assessed 4. Notifications under the My Health Records Act 2012 are excluded 4.

Measure, July to December 2024Figure
Notifications received595 4
Malicious or criminal attacks404 notifications 4
Cyber incidents within that group247 notifications 4
Ransomware notifications60 4
Phishing notifications84 4
Human error notifications170 4
Health service providers121 notifications, 20% of the total 4
Australian Government agencies100 notifications, 17% 4
Finance, including superannuation54 notifications, 9% 4

Where the reports are published

The OAIC lists every scheme report on its publications page, from the first quarterly report for 1 January to 31 March 2018 to the half-yearly reports for 2024 5. Reports were quarterly in 2018 and the first half of 2019 and became half-yearly from July 2019 5. The OAIC phone line is 1300 363 992, Monday to Thursday, 10 am to 4 pm AEST or AEDT 1.

Common questions

How long does an Australian business have to report a data breach?

It must assess a suspected breach within 30 calendar days and give the statement to the OAIC as soon as practicable after it knows an eligible breach occurred 3.

Who must notify under the NDB scheme?

Any organisation or agency the Privacy Act 1988 covers 1.

Can a company post a notice online instead of contacting people?

Only if notifying all individuals, or only those at risk, is not practicable 3.

How many breaches were reported to the OAIC in 2024?

1,113 notifications, with 518 in January to June and 595 in July to December 4.

What was the most common source of breaches in late 2024?

Malicious or criminal attacks, with 404 of the notifications classified by source 4.

Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@noticeofrecord.com.

Sources

  1. OAIC: About the Notifiable Data Breaches scheme
  2. OAIC: When to report a data breach
  3. OAIC: Part 4: Notifiable Data Breach (NDB) Scheme
  4. OAIC: Notifiable Data Breaches Report: July to December 2024 (13 May 2025)
  5. OAIC: Notifiable data breaches publications

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