Notification of a personal data breach to the Commissioner

63.(1) Where there is a personal data breach the data controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the Commissioner, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of an individual.

(2) Where the notification of the personal data breach to the Commissioner is not made within 72 hours, the notification shall be accompanied by reasons for the delay.

(3) The data processor shall notify the data controller without undue delay after becoming aware of a personal data breach.

(4) The notification of the personal data breach to the Commissioner referred to in subsection (1) shall

(a) describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;

(b) communicate the name and contact details of the data privacy officer or other contact point where more information can be obtained;

(c) describe the likely consequences of the personal data breach;

(d) describe the measures taken or proposed to be taken by the data controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

(5) Where it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.

(6) The data controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken in order to facilitate the Commissioner in his assessment of the data controller’s compliance with this section.