NSWIn ForceAct
Privacy and Personal Information Protection Act 1998
59MPublic sector agencies must immediately notify eligible data breach
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#### 59M Public sector agencies must immediately notify eligible data breach
59M Public sector agencies must immediately notify eligible data breach
> > (1) The head of a public sector agency must, in the approved form, immediately notify the Privacy Commissioner of the eligible data breach.
>
> > (2) The approved form must request the following information be provided in relation to the eligible data breach—
> >
> > > (a) the information specified in section 59O, other than the information specified in section 59O(e),
> >
> > > (b) a description of the personal information that was the subject of the breach,
> >
> > > (c) whether the head of the agency is reporting on behalf of other agencies involved in the same breach,
> >
> > > (d) if the head of the agency is reporting on behalf of other agencies involved in the same breach—the details of the other agencies,
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> > > (e) whether the breach is a cyber incident,
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> > > (f) if the breach is a cyber incident—details of the cyber incident,
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> > > (g) the estimated cost of the breach to the agency,
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> > > (h) the total number, or estimated total number, of individuals—
> > >
> > > > (i) affected or likely to be affected by the breach, and
> > >
> > > > (ii) notified of the breach,
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> > > (i) whether the individuals notified under section 59N(1) have been advised of the complaints and internal review procedures under the Act.
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> > (3) The information requested by the approved form must be completed unless it is not reasonably practicable for the information to be provided.
>
> **s 59M:** Ins 2022 No 74, Sch 1\[11\].