Commonwealth Consolidated Acts

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DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 35

Definition of data breach

    If:

  (a)   a data scheme entity holds scheme data; and

  (b)   any of the following apply:

  (i)   there is unauthorised access to or disclosure of the data;

  (ii)   the data is lost in circumstances where there is likely to be unauthorised access to or disclosure of the data;

  (iii)   an event prescribed by a data code occurs in relation to the data;

the access, disclosure, loss or event is a data breach of the data scheme entity.



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