Schedule 1 Amendments
Subdivision B—General notification obligations
26WK Statement about eligible data breach
Scope
(1) This section applies if an entity is aware that there are reasonable
grounds to believe that there has been an eligible data breach of the
entity.
Statement
(2) The entity must:
(a) both:
(i) prepare a statement that complies with subsection (3);
and
(ii) give a copy of the statement to the Commissioner; and
(b) do so as soon as practicable after the entity becomes so
aware.
(3) The statement referred to in subparagraph (2)(a)(i) must set out:
(a) the identity and contact details of the entity; and
(b) a description of the eligible data breach that the entity has
reasonable grounds to believe has happened; and
(c) the kind or kinds of information concerned; and
(d) recommendations about the steps that individuals should take
in response to the eligible data breach that the entity has
reasonable grounds to believe has happened.
(4) If the entity has reasonable grounds to believe that the access,
disclosure or loss that constituted the eligible data breach of the
entity is an eligible data breach of one or more other entities, the
statement referred to in subparagraph (2)(a)(i) may also set out the
identity and contact details of those other entities.
26WL Entity must notify eligible data breach
Scope
(1) This section applies if:
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Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
No. 12, 2017