Amendments Schedule 1
(i) after there is unauthorised access to, or unauthorised
disclosure of, the information; and
(ii) before the access or disclosure results in serious harm to
any of the individuals to whom the information relates;
and
(d) as a result of the action, a reasonable person would conclude
that the access or disclosure would not be likely to result in
serious harm to any of those individuals;
the loss is not, and is taken never to have been:
(e) an eligible data breach of the APP entity, credit reporting
body, credit provider or file number recipient, as the case
may be; or
(f) an eligible data breach of any other entity.
(5) If:
(a) a loss of information is covered by paragraph 26WE(2)(b);
and
(b) the APP entity, credit reporting body, credit provider or file
number recipient, as the case may be, takes action in relation
to the loss; and
(c) the APP entity, credit reporting body, credit provider or file
number recipient, as the case may be, does so:
(i) after there is unauthorised access to, or unauthorised
disclosure of, the information; and
(ii) before the access or disclosure results in serious harm to
a particular individual to whom the information relates;
and
(d) as a result of the action, a reasonable person would conclude
that the access or disclosure would not be likely to result in
serious harm to the individual;
this Part does not require:
(e) the APP entity, credit reporting body, credit provider or file
number recipient, as the case may be; or
(f) any other entity;
to take steps to notify the individual of the contents of a statement
that relates to the loss.
No. 12, 2017
Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
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