New mandatory breach reporting legislation for Health Professionals- Kinesiologists

The increase in cyber-attacks (a 15 per cent increase in cyber incidents was recorded in the previous 12 months) has resulted in the introduction of new reforms which were introduced on 22nd February 2018 for all Health Professionals.

Health professionals who hold confidential client information will now be held accountable for the safety and security of their client records. As a health professional, you will now have 30 days to alert the authorities should customer records be compromised. You may also be required to pay a hefty fine should you not report an incident. 

Please click on the Australian Privacy Principles (APP)  links below:

Chapter 11 provides guidelines on Security of personal information

APP complete guidelines-  pdf format:

What is a data breach?

A data breach is defined as a situation where:

  • There has been unauthorised access to, or unauthorised disclosure of, personal information about one or more individuals, or
  • Information is lost in circumstances that are likely to give rise to unauthorised access or unauthorised disclosure.
  • There is a likely risk of serious harm to any of the affected individuals as a result of the unauthorised access or unauthorised disclosure.

Relevant data can include data such as personal information, credit information and tax file numbers.

A real risk of "serious harm" can include physical, psychological, emotional, economic and financial harm, and also includes serious harm to reputation.

What can I do?

It is important that you understand what data you have, where and how it is stored - review and test your existing systems for managing and storing data and ensure they are compliant/robust.

In the first instance check to see that your professional indemnity cover includes cyber attack/security breach.

If your data is compromised/hacked we recommend that you immediately call your insurance provider.  

AKA’s recommended insurance provider “Aon’ offer up to 2 hours free legal advice. . To find out more on the new privacy legislation or to learn more about Cyber Liability Insurance visit, email or call us on 1800 805 191.

Cyber Mandatory Data Breach overview.pdf                         


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