59GAssessors

59G Assessors

59G Assessors

(1) The head of a public sector agency may direct one or more persons to carry out the assessment (each an assessor).

(2) An assessor may be—

(a) an officer or employee of the agency the subject of the data breach, or

(b) an officer or employee of another public sector agency acting on behalf of the public sector agency the subject of the data breach, or

(c) a person acting on behalf of the public sector agency the subject of the data breach, or a person employed by that person.

Example for paragraph (c)—

An individual employed by a third party to carry out the assessment for the public sector agency the subject of the data breach.

(3) However, a person who the head of the agency reasonably suspects was involved in an action or omission that led to the breach is not permitted to be an assessor.

(4) An assessor must take all reasonable steps to ensure the assessment is completed within 30 days after the officer or employee of the agency becomes aware under section 59E(1).

(5) In this section—

employee includes an individual engaged by the public sector agency under a contract.

s 59G: Ins 2009 No 54, Sch 1 [1] (transferred from the Freedom of Information Act 1989 No 5). Renumbered and am 2009 No 54, Sch 1 [1]–[11]). Rep 2010 No 71, Sch 1 [10]. Ins 2022 No 74, Sch 1[11].