Privacy and Data Breach Lawyers Adelaide: Privacy Act Compliance and Breach Response

Privacy and data breaches in South Australia

A data breach starts a 30 day clock, and the first civil penalty case under the Privacy Act ended with penalties of $5.8 million. Talon Legal advises Adelaide businesses on Privacy Act compliance before an incident and on assessment, notification and regulator contact after one. Book a same-day free 30-minute consultation or call (08) 7094 2021.


Privacy and data breach key facts

IssuePosition in South Australia
Who the Privacy Act coversBusinesses with annual turnover over $3,000,000, and smaller businesses that provide a health service and hold health information, trade in personal information, are Commonwealth contracted service providers or are credit reporting bodies (Privacy Act 1988 (Cth) section 6D).
Security obligationTake such steps as are reasonable in the circumstances to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure (APP 11.1), including technical and organisational measures (APP 11.3).
Eligible data breachUnauthorised access to or disclosure of information that a reasonable person would conclude would be likely to result in serious harm to any affected individual, or loss of information where that is likely (section 26WE).
Suspected breachCarry out a reasonable and expeditious assessment and take all reasonable steps to complete it within 30 days (section 26WH).
Confirmed breachGive the Information Commissioner a statement as soon as practicable (section 26WK), then notify affected individuals as soon as practicable (section 26WL).
Maximum penalty, serious interferenceBody corporate: the greatest of $50,000,000, three times the benefit, or 30% of adjusted turnover. Anyone else: $2,500,000 (section 13G).
Other civil penalties2,000 penalty units for an interference with privacy (section 13H). 200 penalty units, enforceable by infringement notice, for breaches such as having no APP privacy policy (section 13K).
First civil penalty case$5,800,000 in penalties and $400,000 towards costs, with a separate contravention for each of more than 223,000 affected individuals (AIC v Australian Clinical Labs (No 2) [2025] FCA 1224, orders and [60]).
Ransomware paymentsA business with turnover over $3,000,000 must report a ransomware payment within 72 hours (Cyber Security Act 2024 (Cth) section 27; Rules section 6). Maximum 60 penalty units.
Offshore disclosureReasonable steps so the overseas recipient does not breach the APPs (APP 8.1); the discloser can be liable for the recipient's acts (section 16C).
Automated decisionsFrom 10 December 2026, privacy policies must explain decisions made by computer programs that could significantly affect individuals (APP 1.7 and 1.8).
Serious invasions of privacySince 10 June 2025, individuals can sue for a serious invasion of privacy; damages for non-economic loss and exemplary damages are capped at the greater of $478,550 and the defamation cap (Schedule 2, clauses 7 and 11).
First stepSame-day free 30-minute consultation. Call (08) 7094 2021.

Need a privacy lawyer in Adelaide?

Our privacy lawyers in Adelaide advise on the Privacy Act 1988 (Cth), the notifiable data breaches scheme in Part IIIC, the ransomware reporting rules in the Cyber Security Act 2024 (Cth), and the statutory action for serious invasions of privacy. The Act was substantially amended by the Privacy and Other Legislation Amendment Act 2024, with the last of those changes commencing on 10 December 2026. This page states the law current to 24 October 2026.

This guide is part of our information technology law practice. Related guides cover software licences and SaaS agreements, IT services and support agreements, software development agreements and technology IP and IT disputes.

If you collect customer details through a competition, or use customer photos and testimonials in marketing, see our guides to trade promotions and competitions and testimonial and image consents.

For the privacy side of apps, subscriptions, online courses and marketplaces, see our guides to app terms and conditions, subscription and membership terms, online course terms and disclaimers and online marketplace and platform terms.

For a data breach or ransomware attack, see our guide to cyber incident response. For security terms in supplier contracts, and for AI tools that use personal information, see our guides to data security clauses and AI and privacy.

Free Consultation. If you think there has been a breach, the 30 day assessment may already have started. Book a same-day free 30-minute consultation or call (08) 7094 2021.

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Muhammad Zubair profile picture
Muhammad Zubair
29 October 2026
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Talon Legal is the best law firm in the Adelaide. Dan was able to resolve my case before time, achieving a favourable outcome. I would highly recommend Talon Legal to anyone seeking professional legal assistance. Talon Legal develops effective legal strategies to achieve the best possible outcomes.
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Jessie W
26 October 2026
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I had a great experience dealing with Danial at Talon Legal. From our initial conversation, he was professional, approachable and genuinely interested in understanding our business and its needs. He took the time to listen, explain things clearly and offer thoughtful, practical advice. I particularly appreciated his patience, honesty and the time he dedicated to our discussions. Although we haven’t engaged the firm for further work at this stage, the experience has left a very positive impression. I would certainly feel confident reaching out to Danial again for any future legal matters. Thank you, Danial, for your time and professionalism. It’s been a pleasure dealing with you!
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Angela Carter
12 October 2026
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Was a scary experience, uut thenks to your expertise, i got the best possible outcome.
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S Google
24 September 2026
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Exceeds expectations Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
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S Google
24 September 2026
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Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
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Samin Adit
1 September 2026
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Dan was extremely helpful and he was very patient and through and took time explaining me all the process and next step. And he carried a great sense of humor while he spoke and honestly that made it so easy to understand when I was already stressed out.
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Calvin Munatswa
24 August 2026
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I’m extremely happy with the service I received from Dan. He was professional, responsive, knowledgeable and genuinely committed to achieving the best possible outcome. I really appreciate the hard work, guidance and support throughout the process. Thank you for doing such a great job. I would highly recommend your services to anyone looking for a reliable and dedicated lawyer.
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Marcelle Ayoubi
4 August 2026
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Highly recommend Dan! He was prompt, reliable and efficient, with excellent communication throughout the entire process. His knowledge and professionalism gave me confidence, and he achieved a good outcome. Dan took a lot of the stress out of what could have been an overwhelming experience. Thank you, Dan, for all your support and assistance!
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Neb Trivic
24 July 2026
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Very knowledgable, helpfull and got the best outcome hoped for.
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Anton Simdyankin
21 July 2026
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Timely quote, responses and overall great experience. 100% Recommend
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Tania Stubberfield
16 July 2026
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I highly recommend Talon Legal and especially Daniel Esmaili. During our initial conversation for a driving offence, Dan was incredibly honest and told me that I didn't really need legal representation. He was completely down-to-earth and non-judgmental, reassuring me that people make poor choices sometimes. I felt more at ease and I chose to hire him anyway to avoid the anxiety of a court appearance, and it was the best decision I could have made. He took care of everything from start to finish, appearing in court on my behalf so I didn't have to attend at all. He explained everything clearly without using confusing legal jargon. He was also incredibly thoughtful and personal, asking how my birthday trip away went with family. Thanks to Dan, we got a fantastic outcome with a significantly reduced suspension time and a minimal fine. Dan even went above and beyond by telling me to contact him before I start driving again to double-check that my suspension is fully completed and my licence paperwork is processed correctly. On top of the amazing result, the fees were surprisingly affordable without compromising on performance and integrity. If you want an empathetic, honest, affordable and highly capable lawyer, then Dan's your man. Thankyou again Daniel Esmaili at Talon Legal.
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Bill P profile picture
Bill P
30 June 2026
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We recently engaged Dan Esmaili from Talon Legal to assist our family with a motor vehicle road rule expiation and related court matter. From the very beginning, Dan was professional, clear, and extremely supportive. He took the time to explain the process in a way we could understand, kept us informed throughout, and handled the matter with care and confidence. Most importantly, Dan achieved a successful outcome for our family, which we are very grateful for. We sincerely appreciate his guidance, responsiveness, and dedication. We would highly recommend Dan Esmaili and Talon Legal to anyone needing strong legal support and professional representation.
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Sara Gleeson
16 June 2026
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I cannot recommend Dan Esmaili (Talon Legal) highly enough. I was extremely worried about the impact a legal problem could have on my future. From the beginning, he was professional, knowledgeable, and supportive. He took the time to explain the legal process, answered all of my questions, and worked tirelessly on my case. Thanks to his expertise and advocacy, I received a result without a conviction being recorded. This outcome has made an enormous difference to my life, and I am incredibly grateful for his dedication and hard work. If you need a lawyer who genuinely cares about their clients and achieves outstanding results, I would not hesitate to recommend Dan.
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Matthew Greenwood
16 June 2026
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Thanks Dan for your legal help . You got the best possible outcome , thanks again . Matt
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Caleb Sweeting
15 June 2026
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Danial Esmaili is an excellent lawyer whose clear communication style makes navigating legal matters much easier. Professional, approachable and knowledgeable, he takes the time to explain things clearly and provides confidence throughout the process.
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Yousef Al-Yasiri
11 June 2026
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Daniel and the team at Talon Legal were truthful, helpful, and left me feeling confident and how they handled my matter. Daniel understood my situation, left me assured, was realistic with me, provided me with the advice or course of action that best suits my sitiation. If I could choose again, I would choose Daniel and the team at Talon Legal with my eyes closed.
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Matthew Morgan profile picture
Matthew Morgan
11 June 2026
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You’d be hard pressed to find someone more knowledgeable than Dan, a lovely guy too.
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Jacob Marcer profile picture
Jacob Marcer
10 June 2026
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Daniel at talon legal was by far the best lawyer I’ve had to deal with he was extremely helpful with explaining his processes and making me feel very comfortable Also achieving a great result on my case Couldn’t recommend Daniel more if I could give more stars I would Thanks again daniel
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Faros Omidvour
10 June 2026
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Talon Legal is an excellent law firm that I recpmmend without hesitation to anyone who needs responsive and considerate advice and representation.
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Egor Eremeev
8 June 2026
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I cannot recommend Talon Legal highly enough. From the very beginning, Daniel demonstrated exceptional professionalism, legal expertise, and genuine care for my situation. Daniel took the time to understand my circumstances, explained every step of the process in clear and practical terms, and was always available to answer questions. His attention to detail, strategic thinking, and calm approach gave me confidence throughout the entire matter. What stood out most was Daniel’s commitment to achieving the best outcome while making the process as smooth and stress-free as possible. It is rare to find a lawyer who combines technical expertise with such excellent client service. Thank you, Daniel, and the Talon Legal team for your outstanding support. I would highly recommend Talon Legal to anyone seeking professional, reliable, and results-driven legal representation.
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Kaedehara Kazuha
4 June 2026
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We recently engaged Talon Legal to assist with drafting reseller agreements for our business, and the experience exceeded expectations. Dan took the time to understand our requirements, commercial objectives, and the practical realities of our industry before providing clear, strategic advice and a tailored solution. His attention to detail, commercial awareness, and ability to identify potential risks resulted in a comprehensive agreement that gave us confidence moving forward. What stood out most was the firm's proactive and innovative approach. Rather than relying on a standard template, Dan offered practical suggestions and considered scenarios we hadn't even thought of, helping create a robust and well-structured agreement. Talon Legal is a progressive firm with a fresh perspective and a strong understanding of commercial law. Professional, responsive, and easy to work with throughout the process. Highly recommended.
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Bec Chapman
22 May 2026
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Talon Legal were exemplary in their service. Dan was concise, thorough and true to the plan. For a small NGO seeking legal advice I can highly recommend :)
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Hussar1522
29 October 2025
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One of the best lawyers in Adelaide My life was being ruined because of a court case that was not true, then it became worse when I have driving charge for driving disqualification and careless driving with an accident that I did not cause. This affect my business and the lawyers protected my business and my life and reputation. They make the charges go away and I get no conviction or criminal record, and do my business contracts terms and conditions perfectly. If you want lawyers that can help you many ways I suggest you go to Talon Legal. I think one of the best law firms in Adelaide for business and criminal and traffic.
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Oldpicker64
17 August 2025
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Saved me from jail for disqualified driving I can’t thank talon legal enough for what they did to help when I had magistrates court in port adelaide and Elizabeth, lost my licence because I was sick before and had to drive in emergency to help family but police didn’t care. Talon legal helped me with disqualified driving charges in court and saved me from going back to jail this was the one time I liked working with a lawyer. Recommend talon legal for any legal problem.
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J420
2 August 2025
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Best criminal lawyers! I hired talon legal to fight a criminal case for me and they got the charge dropped. Daniel was amazing in handling my case. He actually cared about my case and me as a person. I felt really supported and I am glad I got talon legal for my court case. Best criminal lawyers in Adelaide that I spoke to.
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James Aveno
2 August 2025
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Excellent business and startup lawyers Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy.
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James A profile picture
James A
2 August 2025
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Excellent commercial and business lawyers! Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy. Approximate cost: $4500
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DP123 profile picture
DP123
12 July 2025
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Clear advice in a very stressful time I was in a very stressful situation and Talon Legal fixed my problem - now my stress is gone! Very professional, excellent communication, accessible and fast. Thank you for everything.
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Slavi77 profile picture
Slavi77
12 July 2025
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They won my hardship appeal Was about to lose my licence and Talon Legal got it back. Made a promise and kept it. This is what a lawyer should be like. Helped me with my driving disqualification and other driving offences. Very prepared and explaining things very good so I could understand them easily.
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Emir profile picture
Emir
2 July 2025
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Very good criminal lawyer They were honest and did what they said they would do and told me what to expect it was like following a map and I felt safe because I know what to expect very happy with the experience Talon. If I need lawyer again I will come back.
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Samsun
28 June 2025
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Got the best result for me Easy to deal with and spoke to me in normal English, explained everything really good to me, didn’t go over agreed budget to help with my case and communicated all the time with me, never kept me waiting and very responsive to my questions, had direct access to my lawyer anytime I needed. Got very good result for my case for drinking and driving, disqualified driving, demerit points and provisional driver licence condition
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Rogue33 profile picture
Rogue33
26 June 2025
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Very good experience best money ever spent on a lawyer Professional, friendly and fixed fee service. I had some charges in court in Adelaide and Talon Legal completely picked apart the case against me. Charges were removed and I got my licence back too. Cant recommend them strongly enough. Really easy to work with and friendly. Thanks for wining my licence appeal and getting the drink driving charges removed.
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Riggo7
24 June 2025
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Saved my drivers license Can’t thank the team enough at Talon Legal for helping me keep my drivers license. They were very knowledgeable and took the time to explain everything to me every step of the way. If it wasn’t for their excellent representation in court I would have lost my license. They left no stone unturned. Highly recommend.
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Karen R. profile picture
Karen R.
24 June 2025
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Best lawyers for traffic offences in adelaide Really appreciate Talon Legal’s help to keep my license, thank you so much to the team. Professional, responsive and compassionate service from everyone at the office and excellent outcome. Would definitely recommend. Approximate cost: $2800
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Les A. profile picture
Les A.
23 June 2025
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Excellent traffic lawyers I owe them my life and job words are not enough to say how thankful i am for the help they gave me when i was going to lose the driver licence in magistrates court because of drink driving and drug driving. Approximate cost: $3000
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Jordan profile picture
Jordan
22 June 2025
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Best Lawyers! Absolutely first-class service from Talon Legal. I had a complicated traffic matter and wasn’t sure where to turn. From the first phone call, they were professional, understanding, and gave me clear advice without the legal jargon. On the day of court, they were calm and prepared and the result spoke for itself. I’m so grateful for their help and wouldn’t hesitate to recommend them to anyone needing help with a traffic offence.
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S A. profile picture
S A.
17 June 2025
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Brilliant traffic lawyers in adelaide Helped me get my licence back in the magistrates court after I applied for a licence appeal because I breached my provisional conditions. Made it straightforward and helped me stay calm. Treated me like a normal person and was very compassionate. You saved my job legends Approximate cost: $1800
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SA profile picture
SA
16 June 2025
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Successful drivers licence appeal! Made the process really easy for me to understand and helped me appeal my licence in the magistrates after it was disqualified for breaching a licence condition. Thank you legends, I would have been stuffed if I lost my licence without you guns!
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TK profile picture
TK
5 April 2025
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Best traffic lawyers in Adelaide I came across talon legal when I was looking for a law firm in Adelaide to represent me for traffic offences while visiting from overseas. They were very professional, fast, friendly and down to earth. Dan handled my mater and got me a very good outcome at a fixed cost.

Does the Privacy Act apply to your business?

If its annual turnover is over $3,000,000, yes. A business with turnover of $3,000,000 or less is a small business (section 6D(1)). A small business operator is excluded from the definition of organisation (section 6C), which takes it outside the Act’s private sector obligations unless an exception applies.

The exceptions catch many small businesses (section 6D(4)). A business that provides a health service and holds health information, other than in an employee record, is covered. So is a business that discloses personal information about others for a benefit, service or advantage, or provides one to collect it. Commonwealth contracted service providers and credit reporting bodies are covered too, as is a business that has had a turnover over $3,000,000 in any financial year since it started.

A business that is outside the Act may still be bound by contract. Customers, government agencies and larger partners often require their suppliers to comply with the Australian Privacy Principles (APPs) as if they were covered.


What does APP 11 require?

An entity covered by the Act must take such steps as are reasonable in the circumstances to protect the personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure (APP 11.1). Those steps include technical and organisational measures (APP 11.3).

What is reasonable depends on the entity. In Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224, Halley J said the standard is objective and the circumstances should be given a broad construction. They could include the sensitivity of the information, the potential harm if it were accessed or disclosed, the size and sophistication of the entity, the cybersecurity environment and previous threats or attacks ([50]).

The company in that case had acquired another pathology business and its systems. The Court found it had not taken reasonable steps, having regard to the size of its business, the volume and sensitivity of the health information and the high cyber risk. The deficiencies in the acquired systems counted, as did its failure to identify them before the acquisition and its delay in identifying them afterwards. The last factor was its overreliance on third party service providers without adequate procedures of its own to detect and respond to cyber incidents ([52]). Each of those is a lesson for a business buying another, or outsourcing its IT.


What happens after a data breach?

The Act sets two triggers. The first is suspicion. If an entity is aware of reasonable grounds to suspect there may have been an eligible data breach, it must carry out a reasonable and expeditious assessment (section 26WH). The question is whether there are reasonable grounds to believe there has been one. The entity must take all reasonable steps to complete the assessment within 30 days after it became aware.

An eligible data breach is unauthorised access to or disclosure of personal information where a reasonable person would conclude it would be likely to result in serious harm to any of the individuals it relates to. It also covers loss of information in circumstances where unauthorised access or disclosure is likely to occur and would be likely to cause that harm (section 26WE(2)).

The second trigger is belief. Once there are reasonable grounds to believe there has been an eligible data breach, the entity must prepare a statement and give it to the Commissioner as soon as practicable (section 26WK). It must then notify each affected individual, or each individual at risk, where that is practicable. Otherwise it must publish the statement on its website and take reasonable steps to publicise it. That must be done as soon as practicable after the statement is prepared (section 26WL(2) and (3)).

One breach can belong to several entities, such as a provider and its customers. Where one of them complies with sections 26WK and 26WL, those sections do not apply to the others for that breach (section 26WM). The contract between them should say who will do it.

The Australian Clinical Labs case shows how each step is judged. The company relied on an external cyber provider’s assessment that had monitored only 3 of at least 127 affected computers, reviewed one firewall log and made only a limited investigation of whether the attackers remained connected ([77]). Because the company knew the assessment was limited, it was unreasonable to rely on it alone to conclude that no personal information had been taken ([78]). On notification, the company admitted it could have given the statement within two to three days of having reasonable grounds to believe there had been an eligible data breach on 16 June 2022 ([89]). It gave the statement on 10 July 2022, and that contravened section 26WK(2) ([90]).


What are the penalties?

The Act now has three tiers of civil penalty for interferences with privacy.

ContraventionSectionMaximum penalty
Serious interference with the privacy of an individual13GBody corporate: the greatest of $50,000,000, 3 times the benefit, or 30% of adjusted turnover during the breach turnover period. Anyone else: $2,500,000
Interference with privacy, without the seriousness element13H2,000 penalty units
Breach of listed APPs, such as APP 1.3 (having an APP privacy policy) and APP 1.4 (its contents)13K200 penalty units, with infringement notices available

These figures are current to 24 October 2026. In deciding whether an interference is serious, the court may consider the kind and sensitivity of the information, the consequences for individuals and the number affected (section 13G(1B)). It may also consider whether a child or a person with vulnerability was affected, whether the conduct was repeated or continuous, and any failure to implement practices, procedures and systems to comply.

The number of contraventions matters as much as the maximum. In the Australian Clinical Labs case, the parties agreed and the Court was satisfied that there was a separate contravention in respect of each of the more than 223,000 individuals whose information was held on the affected systems ([60]). The Court approved agreed penalties totalling $5,800,000: $4,200,000 for the failure to protect the information, $800,000 for the failure to assess, and $800,000 for the late notification, plus $400,000 towards the Commissioner’s costs (orders). The Court measured the assessment and notification contraventions against a maximum of $2.2 million each ([121]), well below the current maximum in section 13G.

Free Consultation. If the Commissioner has written to you, take advice before you respond. Book a same-day free 30-minute consultation or call (08) 7094 2021.


Do ransomware payments have to be reported?

Yes, for most businesses of any size. Part 3 of the Cyber Security Act 2024 applies where a cyber security incident has a direct or indirect impact on a reporting business entity and an extorting entity makes a demand (section 26(1)). It is triggered when the entity makes a ransomware payment, or knows one was made on its behalf.

A reporting business entity includes a business carrying on business in Australia with annual turnover for the previous financial year over the threshold (section 26(2)), which the Cyber Security (Ransomware Payment Reporting) Rules 2025 set at $3,000,000 (section 6). Commonwealth and State bodies are excluded, and responsible entities for critical infrastructure assets are covered separately.

The report must be given to the designated Commonwealth body within 72 hours of making the payment or becoming aware that it was made (section 27(1)). The maximum civil penalty for failing to do so is 60 penalty units. The reporting obligation applies from May 2025. Reporting a payment does not replace the Privacy Act assessment and notification steps, which run in parallel.


What about overseas providers and cloud hosting?

Before an entity discloses personal information to a person outside Australia, it must take such steps as are reasonable in the circumstances so that the overseas recipient does not breach the APPs, other than APP 1 (APP 8.1).

The consequence of getting it wrong is accountability for someone else’s conduct. Section 16C applies where APP 8.1 applied to the disclosure and the APPs do not apply to the overseas recipient. If the recipient then does something that would have breached the APPs, the act is taken to have been done by the disclosing entity, and to be its breach.

That makes the contract with an offshore provider a compliance document. It should bind the provider to handle the information consistently with the APPs, give the entity audit and incident information, and deal with return and deletion at the end. The IT services, SaaS, cloud services and IT offshoring guides cover those clauses.


What must a privacy policy say?

An entity must have a clearly expressed and up to date APP privacy policy about how it manages personal information (APP 1.3), with the contents APP 1.4 requires. Breaches of APP 1.3 and 1.4 are among those that attract a civil penalty of up to 200 penalty units and can be dealt with by infringement notice (section 13K).

From 10 December 2026, a privacy policy must also deal with automated decisions. The trigger is a decision made by a computer program, or a thing substantially and directly related to making it, that uses personal information and could reasonably be expected to significantly affect an individual’s rights or interests. Where an entity has arranged for that, the policy must contain the information specified in APP 1.7 and 1.8. APP 1.7 is added to the list of APPs that attract infringement notices. Businesses using automated credit, pricing, eligibility or fraud decisions should review their policies before that date.

The Commissioner must also develop a Children’s Online Privacy Code (section 26GC). Services likely to be used by children should watch for it.


Can individuals sue for a serious invasion of privacy?

Yes, since 10 June 2025. Schedule 2 of the Privacy Act creates a cause of action in tort (clause 7(1)). The defendant must have invaded the individual’s privacy by intruding upon their seclusion or misusing information relating to them. A person in the individual’s position must have had a reasonable expectation of privacy in all the circumstances. The invasion must have been intentional or reckless, and serious. And the public interest in privacy must outweigh any countervailing public interest.

The action does not need proof of damage (clause 7(2)). Damages can include damages for emotional distress (clause 11(3)) and, in exceptional circumstances, exemplary or punitive damages (clause 11(4)). Damages for non-economic loss and exemplary damages together cannot exceed the greater of $478,550 and the maximum for non-economic loss in defamation (clause 11(5)).

Time is short. Proceedings must be started within one year after the plaintiff became aware of the invasion, and in any event within three years after it occurred (clause 14). A plaintiff under 18 has longer, and the court can extend time.

The film releases and clearances and script options and adaptation rights guides cover consent and releases for film, documentary and true story productions.


How similar matters tend to play out

Three illustrations of how the law on this page combines on ordinary facts. They are not predictions. Outcome depends on the facts, the evidence and the regulator.

Lower range. An employee emails a spreadsheet of customer names and addresses to the wrong recipient, who confirms it was deleted unread. The business must assess whether a reasonable person would conclude serious harm is likely (section 26WE). Recorded promptly, with the recipient’s confirmation, that assessment may conclude the breach is not eligible, and no notification is needed.

Middle range. A clinic with turnover under $3,000,000 assumes the Privacy Act does not apply. Because it provides a health service and holds health information, it is not a small business operator (section 6D(4)(b)). When its booking system is compromised, it has 30 days to assess (section 26WH) and must notify if the breach is eligible.

Upper range. A company with turnover over $3,000,000 suffers ransomware on systems run by its managed service provider and pays the ransom. It must report the payment within 72 hours (Cyber Security Act section 27), assess within 30 days, and notify the Commissioner and individuals as soon as practicable. Relying solely on the provider’s limited forensic report would repeat the error in the Australian Clinical Labs case ([77] to [78]).


How we act on privacy and data breaches

Before an incident, we review the business’s coverage, privacy policy, contracts with providers and breach response plan. After one, we work to the statutory timetable: the 30 day assessment, the statement to the Commissioner and the notification to individuals, with the ransomware report where it applies.

StageWhat happensWhat we do
ReadinessThe business prepares for an incident it hopes will not happen.Confirm coverage under section 6D, review the privacy policy, provider contracts and breach response plan.
SuspicionAn incident is detected.Start and document the reasonable and expeditious assessment under section 26WH, and test the forensic evidence.
RansomwareA ransom is demanded or paid.Advise on the 72 hour report under section 27 of the Cyber Security Act.
NotificationThere are reasonable grounds to believe there was an eligible data breach.Prepare the statement to the Commissioner and the notifications to individuals under sections 26WK and 26WL.
Regulator and claimsThe Commissioner investigates, or individuals claim.Respond to the Commissioner, and advise on penalties, enforceable undertakings and claims under Schedule 2.

We cannot promise an outcome, and no lawyer can. We can make sure each statutory step is taken on time and on evidence that will stand up.

Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.


Privacy Act case law

The Australian Clinical Labs decision was the first civil penalty proceeding brought by the Commissioner in the history of the Act ([6]). The notes below take each of its findings in turn.

CaseCourtPrinciplePinpoint
Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224Federal CourtAPP 11 reasonable steps; the 30 day assessment; notification as soon as practicable; penalties[6], [7], [50], [52], [60], [77], [78], [89], [90]

Case notes

Australian Clinical Labs: reasonable steps under APP 11

Halley J said APP 11.1(b) applies an objective standard ([50]). The circumstances are given a broad construction, including the sensitivity of the information, potential harm, the entity’s size and sophistication and the cyber environment. The company had not taken reasonable steps, given deficiencies in systems it acquired, its failure to identify them before and after the acquisition, and its overreliance on third party providers ([52]).

Australian Clinical Labs: the 30 day assessment

Section 26WH requires a reasonable and expeditious assessment and all reasonable steps to complete it within 30 days ([71]). The company relied on an external provider’s assessment that monitored 3 of at least 127 affected computers and one firewall log ([77]). Knowing the assessment was limited, it was unreasonable to rely on it alone ([78]).

Australian Clinical Labs: notification as soon as practicable

The company had reasonable grounds to believe there was an eligible data breach by 16 June 2022 ([86]). It admitted it could have given the statement within two to three days ([89]), but did not do so until 10 July 2022, contravening section 26WK(2) ([90]).

Australian Clinical Labs: penalties

The parties agreed, and the Court was satisfied, that there was a separate contravention for each of more than 223,000 affected individuals ([60]). The Court found the agreed penalty of $5,800,000 within the permissible range for specific and general deterrence, given the serious nature of the contraventions ([7]), and ordered $400,000 towards the Commissioner’s costs (orders).


Frequently asked questions

Does the Privacy Act apply to small businesses?

Not generally, if turnover is $3,000,000 or less. But a small business is covered if it provides a health service and holds health information, trades in personal information, is a Commonwealth contracted service provider or is a credit reporting body (section 6D(4)).

What is an eligible data breach?

Unauthorised access to or disclosure of personal information that a reasonable person would conclude would be likely to result in serious harm to any affected individual, or loss of information where that access or disclosure is likely (section 26WE).

How long does a business have to assess a suspected breach?

The assessment must be reasonable and expeditious, and the business must take all reasonable steps to complete it within 30 days after becoming aware of the grounds for suspicion (section 26WH).

When must the Commissioner be notified?

As soon as practicable after the business has reasonable grounds to believe there has been an eligible data breach (section 26WK). In the Australian Clinical Labs case, notifying about three weeks after it was practicable was a contravention ([89] to [90]).

Do affected individuals have to be told?

Yes, for an eligible data breach. The business must notify each affected individual, or each individual at risk, where practicable, and otherwise publish and publicise the statement, as soon as practicable after preparing it (section 26WL).

Can a business rely on its IT provider's assessment of a breach?

Not blindly. In the Australian Clinical Labs case, relying solely on a provider’s assessment the company knew was limited was unreasonable ([77] to [78]).

What are the maximum penalties under the Privacy Act?

For a serious interference with privacy by a body corporate, the greatest of $50,000,000, three times the benefit, or 30% of adjusted turnover (section 13G). Lower tiers apply under sections 13H and 13K.

Does paying a ransom have to be reported?

Yes, by a business with annual turnover over $3,000,000 for the previous financial year. The report must be made within 72 hours of the payment or of becoming aware of it (Cyber Security Act 2024 section 27 and Rules section 6).

Is a business liable for an overseas provider's privacy breach?

It can be. Where APP 8.1 applied to the disclosure and the APPs do not apply to the overseas recipient, a breach by the recipient is treated as a breach by the disclosing business (section 16C).

What changes for privacy policies in December 2026?

From 10 December 2026, a privacy policy must explain automated decisions that use personal information and could reasonably be expected to significantly affect individuals (APP 1.7 and 1.8).

Can someone sue a business for invading their privacy?

Yes, since 10 June 2025, for a serious invasion of privacy that was intentional or reckless, by intrusion upon seclusion or misuse of information (Schedule 2 clause 7). Proceedings must generally be started within one year of becoming aware and three years of the invasion (clause 14).

Do I need a privacy lawyer after a data breach?

Usually, yes. A privacy lawyer can run the 30 day assessment on evidence that will stand up, prepare the notifications and deal with the Commissioner. A free 30-minute consultation will tell you where you stand.


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