Schedule 1 Amendments
26WG Whether access or disclosure would be likely, or would not be
likely, to result in serious harm—relevant matters
For the purposes of this Division, in determining whether a
reasonable person would conclude that an access to, or a disclosure
of, information:
(a) would be likely; or
(b) would not be likely;
to result in serious harm to any of the individuals to whom the
information relates, have regard to the following:
(c) the kind or kinds of information;
(d) the sensitivity of the information;
(e) whether the information is protected by one or more security
measures;
(f) if the information is protected by one or more security
measures—the likelihood that any of those security measures
could be overcome;
(g) the persons, or the kinds of persons, who have obtained, or
who could obtain, the information;
(h) if a security technology or methodology:
(i) was used in relation to the information; and
(ii) was designed to make the information unintelligible or
meaningless to persons who are not authorised to obtain
the information;
the likelihood that the persons, or the kinds of persons, who:
(iii) have obtained, or who could obtain, the information;
and
(iv) have, or are likely to have, the intention of causing harm
to any of the individuals to whom the information
relates;
have obtained, or could obtain, information or knowledge
required to circumvent the security technology or
methodology;
(i) the nature of the harm;
(j) any other relevant matters.
Note:
10
If the security technology or methodology mentioned in paragraph (h)
is encryption, an encryption key is an example of information required
to circumvent the security technology or methodology.
Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
No. 12, 2017