Privacy Act 1988

PART IIIC - NOTIFICATION OF ELIGIBLE DATA BREACHES

Division 1 - Introduction

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SECTION 26WA GUIDE TO THIS PART

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• This Part sets up a scheme for notification of eligible data breaches.

• An eligible data breach happens if:

(a) there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and

(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.

• The Commissioner may obtain information or documents in relation to actual or suspected eligible data breaches.

• This Part also deals with the collection, use and disclosure of personal information involved in eligible data breaches.