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Section : 26WQ Exception-declaration by Commissioner
Domain : Human Resource Management
Classification : Not Identified

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  • (1) If the Commissioner:
  1. (a) is aware that there are reasonable grounds to believe that there has been an eligible data breach of an entity; or (b) is informed by an entity that the entity is aware that there are reasonable grounds to believe that there has been an eligible data breach of the entity; the Commissioner may, by written notice given to the entity: (c) declare that sections 26WK and 26WL do not apply in relation to: (i) the eligible data breach of the entity; and (ii) if the access, disclosure or loss that constituted the eligible data breach of the entity is an eligible data breach of one or more other entities-such an eligible data breach of those other entities; or (d) declare that subsection 26WL(3) has effect in relation to: (i) the eligible data breach of the entity; and (ii) if the access, disclosure or loss that constituted the eligible data breach of the entity is an eligible data breach of one or more other entities-such an eligible data breach of those other entities; as if that subsection required compliance with subsection 26WL(2) before the end of a period specified in the declaration.

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