Assess a notifiable data breach and draft the OAIC notification pack

Key facts

Human involvement
RedLawyer-led
How AI is used
Build an NDB table (access, personal information, likely serious harm), draft OAIC and individual notices, note the 30-day assessment and any 72-hour ransomware report.
What the lawyer must review
  • Decide serious harm yourself; check 30 days from awareness of a suspected breach
  • Check the s 27 Cyber Security Act 2024 ransomware report: 72 hours; turnover over $3m
  • Note the ransomware penalty is civil, 60 penalty units
  • Check SOCI reports to the ACSC in 12 or 72 hours
  • Check privilege (Optus v Robertson; McClure v Medibank [2025] FCA 167)
  • Check state health records Acts (Vic, NSW, ACT)
Written for / version
Commonwealth versionCthNZUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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