Data Breach Policy

1. Purpose

This policy describes how Rubix Studios Pty. Ltd. will respond to a data breach, in adherence to the Privacy Act 1988.

It is Rubix Studios Pty. Ltd.’s belief that clear roles, responsibilities and procedures will serve as the foundation of a comprehensive privacy program.

This policy outlines:

The steps that Rubix Studios Pty. Ltd. will take to contain, assess, notify and review any data breaches that might occur; and
Notifiable Data Breaches and how Rubix Studios Pty. Ltd. will address them if they occur.

All Rubix Studios Pty. Ltd. employees, officers, representatives or advisers (‘Employees’) are required to understand and act in accordance with this policy.

Data Breach Definition

A data breach occurs when personal information or intellectual property held by Rubix Studios Pty. Ltd. is subject to unauthorised access, disclosure, modification or loss. Data breaches can occur in several ways, including but not limited to:

Unauthorised Third-party security breaches (e.g. Hackers)
Unauthorised access, disclosure or modification by Employees and users
Data breaches of third-party services used by Rubix Studios Pty. Ltd. that affect user data

Specific to Rubix Studios Pty. Ltd.’s business, the following have been identified as possible data breach sources:

Accidental loss, unauthorised access or theft of classified material data or equipment on which such Rubix Studios Pty. Ltd. data is stored, such as company Laptops and USBs.
Unauthorised use, access to or modification of data on Rubix Studios Pty. Ltd.’s cloud and private databases.
Accidental disclosure of Rubix Studios Pty. Ltd. user data or intellectual property, such as via email to an incorrect address.
Unauthorised data collection by third parties posing as Rubix Studios Pty. Ltd., e.g. Phishing Scam
Failed or successful attempts to gain unauthorised access to Rubix Studios Pty. Ltd. information or information systems
Unauthorised data collection by third parties through Malware infections on Rubix Studios Pty. Ltd. cloud databases or hardware equipment.

What to do if a Data Breach is Suspected?

All Rubix Studios Pty. Ltd. Employees who are aware of, informed of or suspect a data breach must inform Rubix Studios Pty. Ltd.’s IT team immediately. The IT team must then assess the suspected breach to determine whether or not a breach has occurred. If a data breach has occurred, then the IT team will manage the breach according to the steps outlined in the Data Breach Management Plan.

Data Breach Response Plan

Under OAIC recommendations, the following steps will be taken in response to a verified Data Breach.

Contain the breach as soon as possible. Containment is ensuring that the breach itself is stopped. How a breach is stopped would depend on the particular instance but can include:
- The suspension of compromised accounts;
- Removal of malware, where identified;
- Temporary platform downtime if necessary;
- Recovering any lost data, if possible;
- Repairing unauthorised modification of data, if possible;
- Restoring access to the platform when able.
Assess the risks involved and the repercussions on respective stakeholders. The following may be considered in assessing the stakeholder risks:
- The type of information involved;
- Establish the cause and the extent of the breach;
- Assess the risk of harm to affected persons;
- Assess the risk of other harms: reputational damage;
- Notify Management and Affected Individuals where appropriate;
- Management must be notified of breaches as and when they occur, whether or not the breach is an eligible breach under the Notifiable Data Breach Scheme;
- Rubix Studios Pty. Ltd. is an APP 11 entity under the Privacy Act 1988 (Cth) and is and must, therefore, comply with its obligations under the Notifiable Data Breach Scheme;
- Data Breaches that are not eligible under the Notifiable Data Breach Scheme need not be reported and may be addressed internally.
Prevent future similar breaches through strengthening security infrastructures and/or policies

Notifiable Data Breach Scheme

Under the Notifiable Data Breach Scheme, Rubix Studios Pty. Ltd. is obliged to report data breaches that satisfy the following criteria:

There is unauthorised access to or unauthorised disclosure of personal information or a loss of personal information, that Rubix Studios Pty. Ltd. holds;
That the unauthorised access to disclosure of or loss of personal information is likely to result in serious harm to one or more individuals; and
Rubix Studios Pty. Ltd. has not been able to prevent the likely risk of serious harm with remedial action.

For further information on how to assess a notifiable data breach, Rubix Studios Pty. Ltd. must refer to the OAIC’s APP guidelines.

Where Rubix Studios Pty. Ltd. suspects that an eligible breach has occurred, it must carry out a reasonable and expeditious assessment of the breach: s 26WH(2)(a) of the Privacy Act. Where possible, the assessment must be completed within 30 days of Rubix Studios Pty. Ltd. becoming aware of information that causes it to suspect that an eligible breach has occurred. If Rubix Studios Pty. Ltd. is unable to complete the assessment within 30 days, a written document must be written which addresses:

How all reasonable steps have been taken to complete the assessment within 30 days;
The reasons for the delay; and
That the assessment was reasonable and expeditious.

Where an Eligible Breach has occurred, Rubix Studios Pty. Ltd. must inform affected users AND the Privacy Commissioner. Rubix Studios Pty. Ltd. is allowed to disclose eligible breaches to users in either of the following ways:

It may notify all Rubix Studios Pty. Ltd. users
It may notify affected Rubix Studios Pty. Ltd. users
It may publish a notification on its website

Disclosure of eligible breaches to the Privacy Commissioner may be done by online form.

For more information on disclosing Eligible Breaches under the Notifiable Data Breach Scheme, please refer to the OAIC’s webpage on the topic.

Disciplinary Consequences

Rubix Studios Pty. Ltd. reserves the right to monitor Employees’ use, access and modification of the company’s data and initialise an investigation in cases where an employee conducts an action that is in breach of this policy.

All Employees should handle Rubix Studios Pty. Ltd.’s data with due diligence under this policy and any related policies. If an employee’s action or omission that is prohibited under this policy causes a disruption of integrity to the data system or leads to a breach defined in the Privacy Act, the employee may face severe disciplinary action up to and including termination at the discretion of Rubix Studios Pty. Ltd..