Schedule 1 Amendments
26WM Exception—eligible data breaches of other entities
If:
(a) an entity complies with sections 26WK and 26WL in relation
to an eligible data breach of the entity; and
(b) 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;
those sections do not apply in relation to those eligible data
breaches of those other entities.
26WN Exception—enforcement related activities
If:
(a) an entity is an enforcement body; and
(b) the chief executive officer of the enforcement body believes
on reasonable grounds that there has been an eligible data
breach of the entity; and
(c) the chief executive officer of the enforcement body believes
on reasonable grounds that compliance with section 26WL in
relation to the eligible data breach would be likely to
prejudice one or more enforcement related activities
conducted by, or on behalf of, the enforcement body;
paragraph 26WK(3)(d) and section 26WL do not apply in relation
to:
(d) the eligible data breach of the entity; and
(e) if 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—such an eligible data breach of those
other entities.
26WP Exception—inconsistency with secrecy provisions
Secrecy provisions
(1) For the purposes of this section, secrecy provision means a
provision that:
(a) is a provision of a law of the Commonwealth (other than this
Act); and
(b) prohibits or regulates the use or disclosure of information.
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Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
No. 12, 2017