Schedule 1 Amendments
(b)
•
the access, disclosure or loss is likely to result in serious
harm to any of the individuals to whom the information
relates.
An entity must give a notification if:
(a) it has reasonable grounds to believe that an eligible data
breach has happened; or
(b) it is directed to do so by the Commissioner.
26WB Entity
For the purposes of this Part, entity includes a person who is a file
number recipient.
26WC Deemed holding of information
Overseas recipients
(1) If:
(a) an APP entity has disclosed personal information about one
or more individuals to an overseas recipient; and
(b) Australian Privacy Principle 8.1 applied to the disclosure of
the personal information; and
(c) the overseas recipient holds the personal information;
this Part has effect as if:
(d) the personal information were held by the APP entity; and
(e) the APP entity were required under section 15 not to do an
act, or engage in a practice, that breaches Australian Privacy
Principle 11.1 in relation to the personal information.
Bodies or persons with no Australian link
(2) If:
(a) either:
(i) a credit provider has disclosed, under
paragraph 21G(3)(b) or (c), credit eligibility information
about one or more individuals to a related body
corporate, or person, that does not have an Australian
link; or
4
Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
No. 12, 2017