Amendments Schedule 1
(a) an entity is aware that there are reasonable grounds to believe
that there has been an eligible data breach of the entity; and
(b) the entity has prepared a statement that:
(i) complies with subsection 26WK(3); and
(ii) relates to the eligible data breach that the entity has
reasonable grounds to believe has happened.
Notification
(2) The entity must:
(a) if it is practicable for the entity to notify the contents of the
statement to each of the individuals to whom the relevant
information relates—take such steps as are reasonable in the
circumstances to notify the contents of the statement to each
of the individuals to whom the relevant information relates;
or
(b) if it is practicable for the entity to notify the contents of the
statement to each of the individuals who are at risk from the
eligible data breach—take such steps as are reasonable in the
circumstances to notify the contents of the statement to each
of the individuals who are at risk from the eligible data
breach; or
(c) if neither paragraph (a) nor (b) applies:
(i) publish a copy of the statement on the entity’s website
(if any); and
(ii) take reasonable steps to publicise the contents of the
statement.
Note:
See also subsections 26WF(2) and (5), which deal with remedial
action.
(3) The entity must comply with subsection (2) as soon as practicable
after the completion of the preparation of the statement.
Method of providing a statement to an individual
(4) If the entity normally communicates with a particular individual
using a particular method, the notification to the individual under
paragraph (2)(a) or (b) may use that method. This subsection does
not limit paragraph (2)(a) or (b).
No. 12, 2017
Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
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