Exemption—serious risk of harm to health or safety

In force

(1)

An agency need not comply with section 53 in relation to an eligible data breach to the extent compliance would create a serious risk of harm to an individual’s health or safety, having regard to, for example—

(a)

whether the harm caused by complying with division 2 is greater than the harm of not complying with that division;

and

(b)

the currency of the information relied on.

(2)

If an agency relies on this section, the agency must give a written notice to the information commissioner stating—

(a)

the extent to which the agency is exempt from complying with division 2 under this section; and

(b)

whether or not the exemption is permanent or temporary; and

(c)

if the exemption is temporary—when the agency expects the exemption will stop applying.

This Act’s bill:Explanatory memorandum Second reading speech

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59 Exemption—serious risk of harm to health or safety