Section 26: Communication of personal data breach to data subject
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
26. Communication of personal data breach to data subject
(1) Subject to subsection (3), where a personal data breach is
likely to result in a high risk to the rights and freedoms of a data subject, the
controller shall, after the notification referred to in section 25, communicate
the personal data breach to the data subject without undue delay.
(2) The communication to the data subject shall describe in
clear language the nature of the personal data breach and set out the
information and the recommendations provided for in section 25.
(3) The communication of a personal data breach to the data
subject shall not be required where –
(a) the controller has implemented appropriate technical
and organisational protection measures, and those
measures were applied to the personal data affected
by the breach, in particular, those that render the data
unintelligible to any person who is not authorised to
access it, such as encryption;
(b) the controller has taken subsequent measures to ensure
that the high risk to the rights and freedoms of the data
subject referred to in subsection (1) is no longer likely
to materialise; or
(c) it would involve disproportionate effort and the
controller has made a public communication or similar
measure whereby data subject is informed in an equally
effective manner.
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(4) Where the controller has not already communicated the
personal data breach to the data subject, the Commissioner may, after
having considered the likelihood of the personal data breach resulting in a
high risk, require it to do so.