(2)
The notification referred to in sub-section (1) shall include the following particulars—
(a)
(b)
(c)
(d)
33.
nature of personal data which is the subject matter of the breach;
number of data principals affected by the breach;
possible consequences of the breach; and
measures being taken by the data fiduciary to remedy the breach.
(3)
The notification referred to in sub-section (1) shall be made by the data fiduciary to the
Authority as soon as possible and not later than the time period specified by the
Authority, following the breach after accounting for any time that may be required to
adopt any urgent measures to remedy the breach or mitigate any immediate harm.
(4)
Where it is not possible to provide all the information as set out in sub-section (2) at the
same time, the data fiduciary shall provide such information to the Authority in phases
without undue delay.
(5)
Upon receipt of notification, the Authority shall determine whether such breach should be
reported by the data fiduciary to the data principal, taking into account the severity of the
harm that may be caused to such data principal or whether some action is required on the
part of the data principal to mitigate such harm.
(6)
The Authority, may in addition to requiring the data fiduciary to report the personal data
breach to the data principal under sub-section (5), direct the data fiduciary to take
appropriate remedial action as soon as possible andto conspicuously post the details of the
personal data breach on its website.
(7)
The Authority may, in addition, also post the details of the personal data breach on its
own website.
Data Protection Impact Assessment. —
(1)
Where the data fiduciary intends to undertake any processing involving new technologies
or large scale profiling or use of sensitive personal data such as genetic data or biometric
data, or any other processing which carries a risk of significant harm to data principals,
such processing shall not be commenced unless the data fiduciary has undertaken a data
protection impact assessment in accordance with the provisions of this section.
(2)
The Authority may, in addition, specify those circumstances, or classes of data
fiduciaries, or processing operations where such data protection impact assessment shall
be mandatory, and may also specify those instances where a data auditor under this Act
shall be engaged by the data fiduciary to undertake a data protection impact assessment.
(3)
A data protection impact assessment shall contain, at a minimum—
(a)
detailed description of the proposed processing operation, the purpose of
processing and the nature of personal data being processed;
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents