Schedule 1 Amendments
(b) both:
(i) a credit reporting body holds credit reporting
information relating to one or more individuals; and
(ii) the credit reporting body is required to comply with
section 20Q in relation to the credit reporting
information; or
(c) both:
(i) a credit provider holds credit eligibility information
relating to one or more individuals; and
(ii) the credit provider is required to comply with
subsection 21S(1) in relation to the credit eligibility
information; or
(d) both:
(i) a file number recipient holds tax file number
information relating to one or more individuals; and
(ii) the file number recipient is required under section 18
not to do an act, or engage in a practice, that breaches a
section 17 rule that relates to the tax file number
information.
Eligible data breach
(2) For the purposes of this Act, if:
(a) both of the following conditions are satisfied:
(i) there is unauthorised access to, or unauthorised
disclosure of, the information;
(ii) a reasonable person would conclude that the access or
disclosure would be likely to result in serious harm to
any of the individuals to whom the information relates;
or
(b) the information is lost in circumstances where:
(i) unauthorised access to, or unauthorised disclosure of,
the information is likely to occur; and
(ii) assuming that unauthorised access to, or unauthorised
disclosure of, the information were to occur, a
reasonable person would conclude that the access or
disclosure would be likely to result in serious harm to
any of the individuals to whom the information relates;
then:
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Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
No. 12, 2017