breach is likely to result in a high risk to the rights and freedoms of a
data subject, the controller shall, after the notification referred to in
section 25, communicate the personal data breach to the data
subject without undue delay.
(2)
The communication to the data subject shall describe
in clear language the nature of the personal data breach and set
out the information and the recommendations provided for in
section 25.
(3)
The communication of a personal data breach to the
data subject shall not be required where –
(a)
the
controller has
technical
and
implemented appropriate
organisational
protection
measures, and those measures were applied to
the personal data affected
by the breach, in
particular, those that render the data unintelligible
to any person who is not authorised to access it,
such as encryption;
(b)
the controller has taken subsequent measures to
ensure that the high risk to the rights and
freedoms of the data subject referred to in
subsection (1) is no longer likely to materialise; or
(c)
it would involve disproportionate effort and the
controller has made a public communication or
similar measure whereby data subject is informed
in an equally effective manner.
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