Managing secure information and notifying us of information or data security incidents
The obligations and requirements for service providers to maintain secure information, and notify us when an actual or suspected information or data security incident is detected. This policy applies to all electronic and physical data storage.
Your responsibilities when you detect an actual or suspected information security incident
Overview
As soon as you become aware of an information or data incident, your organisation must:
- notify us and other relevant state and Commonwealth agencies
- correct, contain or mitigate any loss of data
- manage any media response required
- inform and support any individuals or organisations directly affected
- seek support and guidance from DCJ, if required
- cooperate with any direction provided by DCJ
- implement remedial actions recommended by DCJ and any other state or Commonwealth agency you may have informed of the incident.
If a requirement stated in this policy conflicts with a provision specified in your contract with us, then the contract provision overrides that requirement.
Step 1. Notify DCJ of an actual or suspected information security incident
The nature of the incident and the potential impact on DCJ clients and systems determines who and when to contact DCJ.
For malicious cyber-attacks on your ICT systems involving personal client information
If your organisation identifies a cyber-attack is in progress, or has occurred in your ICT systems:
- immediately notify DCJ by completing the online notification form. This point of contact is monitored 24/7 and will be assessed by the DCJ Cyber Security team. Provide an initial report to DCJ within 48 hours of reporting the incident.
- Once you have completed the form, you need to contact the following people:
- During business hours: If you suspect the security incident involves data related to DCJ service delivery, please contact your DCJ Contract Manager.
- Outside business hours: If the incident occurs after hours, and the data breach relates to client data, immediately contact the relevant district or central senior representative, as per table below.
A representative of the DCJ Cyber Security team will contact your organisation and work with you to ascertain details of the incident. If necessary, you can request ICT guidance from DCJ.
DCJ will coordinate the incident and help determine if it is an eligible data breach. Your lead DCJ contract manager or a nominated DCJ coordinator will be the liaison between your organisation and our internal stakeholders.
District or central representative for AFTER HOURS ONLY
NGOs operating within the following district | Name and Position | After Hours Contact Number |
|---|---|---|
Hunter and Central Coast | Susan Mullard Director Commissioning and Planning | 0400 338 189 |
Illawarra Shoalhaven and Southern NSW | Christine Witherdin Director Commissioning and Planning | 0437 595 791 |
Mid North Coast, Northern NSW and New England | Fiona Napper Director Commissioning and Planning | 0427 070 072 |
Murrumbidgee Far West and Western NSW | Brad Wotton A/Director Operations | 0402 000 646 |
South Western Sydney | Brenna Callinan A/Director Commissioning and Planning | 0418 456 278 |
Sydney, South Eastern Sydney and Northern Sydney | Eimear O'Farrell A/Director Commissioning and Planning | 0436 672 423 |
Western Sydney and Nepean Blue Mountains | Claudia Vianello Director Commissioning and Planning | 0458 273 891 |
Partnerships (for centrally managed contracts or where impacted services are state-wide) | Melinda Norton Executive Director Partnerships | 0419 626 320 |
For other incidents involving loss of client data or confidential program information
When your organisation detects any of these types of incidents, call and email your DCJ contract manager by the next business day. If your organisation holds multiple contracts with DCJ, notify your lead DCJ contract manager.
Other obligations
You may also have an obligation to notify the Information and Privacy Commission NSW (IPC), or the Office of the Australian Information Commission (OAIC), under relevant state and Commonwealth privacy laws. Justice Connect, Not-for-profit Law, provides resources to help you understand your obligations.
Step 2. Investigate the information or data incident and notify DCJ of early findings
Within 48 hours of notifying DCJ, you’re required to undertake an early investigation of the information security incident and notify your lead DCJ contract manager of the findings, in writing.
You can use the DCJ Information or data incident report to satisfy this requirement, or to help guide your organisation’s own version of the report.
Your report of the early investigation and its findings must include:
- a description of the incident and its potential consequences
- details of lost or potentially compromised client information/data
- actions you have taken or planned to manage or remedy the information lost or compromised
- any actions required to ensure any disruption to ongoing service delivery is minimised.
What happens after you notify us?
Your lead DCJ contract manager will inform DCJ internal stakeholders about the information or data incident, so that we can manage any issues and risks in consultation with your organisation’s stakeholders.
What you need to do, and the actions we take, will depend on the nature and seriousness of the incident, as well as any requirements specified in your contract with us. If you hold contracts across multiple DCJ programs, privacy and information security requirements may differ from contract to contract.
If the incident is serious and involves a cyber-attack or breach of your organisation’s ICT systems, we may have to temporarily restrict your organisation’s access to DCJ’s electronic systems.
In serious cases, DCJ may actively work with you to manage the incident. This is likely if the incident involves a cyber-attack or loss of client records due to theft, fire or flood. If other DCJ stakeholders need to contact you to obtain further information and/or to provide assistance to you, it will be done in consultation with your lead DCJ contract manager.
If client data is involved, your lead DCJ contract manager and their senior manager will work with your organisation to decide on the appropriate action to be taken. This may require further information about the personal and/or health information of clients that may have been affected.
If the incident is assessed as an eligible data breach under the MNDB Scheme, we’ll work with our DCJ information privacy team and liaise with you to inform the Privacy Commissioner and affected individuals. The Privacy Commissioner may recommend remedial actions.
Depending on the nature of the incident, we may ask you to undertake an information security assessment. If necessary, we’ll work with you to determine the most appropriate steps to take to ensure program data and client information are protected, including implementing remedial actions.
For serious incidents, we may document the remedial actions required in a formal improvement plan, which we’d work with you to develop. In less serious cases, we may agree to an informal plan of improvements to your information security, and monitor your progress at regular contract meetings.