59JDecision about data breach

59J Decision about data breach

59J Decision about data breach

(1) Following an assessment, the assessor must advise the head of the public sector agency whether the assessment found—

(a) the data breach is an eligible data breach, or

(b) there are reasonable grounds to believe the data breach is an eligible data breach.

(2) After receiving the assessor’s advice, the head of the agency must decide whether—

(a) the data breach is an eligible data breach, or

(b) there are reasonable grounds to believe the data breach is an eligible data breach.

s 59J: 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].