sec.59Exemption—serious risk of harm to health or safety

### sec.59 Exemption—serious risk of harm to health or safety 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— whether the harm caused by complying with division 2 is greater than the harm of not complying with that division; and the currency of the information relied on. If an agency relies on this section, the agency must give a written notice to the information commissioner stating— the extent to which the agency is exempt from complying with division 2 under this section; and whether or not the exemption is permanent or temporary; and if the exemption is temporary—when the agency expects the exemption will stop applying. s 59 sub 2023 No. 32 s 33 (sec.59-ssec.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— whether the harm caused by complying with division 2 is greater than the harm of not complying with that division; and the currency of the information relied on. (sec.59-ssec.2) If an agency relies on this section, the agency must give a written notice to the information commissioner stating— the extent to which the agency is exempt from complying with division 2 under this section; and whether or not the exemption is permanent or temporary; and if the exemption is temporary—when the agency expects the exemption will stop applying. - (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. - (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.