Acts 2017
491
(b) communicate the name and contact details of any
appropriate data protection officer or other contact
point where more information may be obtained; and
(c) recommend measures to address the personal data
breach, including, where appropriate, measures to
mitigate the possible adverse effects of the breach.
(4) The controller shall specify the facts relating to the personal
data breach, its effects and the remedial action taken so as to enable the
Commissioner to verify compliance with this section.
26.
Communication of personal data breach to data subject
(1) Subject to subsection (3), where a personal data breach is
likely to result in a high risk to the rights and freedoms of a data subject, the
controller shall, after the notification referred to in section 25, communicate
the personal data breach to the data subject without undue delay.
(2) The communication to the data subject shall describe in
clear language the nature of the personal data breach and set out the
information and the recommendations provided for in section 25.
(3) The communication of a personal data breach to the data
subject shall not be required where –
(a)
the controller has implemented appropriate technical
and organisational protection measures, and those
measures were applied to the personal data affected
by the breach, in particular, those that render the data
unintelligible to any person who is not authorised to
access it, such as encryption;
(b)
the controller has taken subsequent measures to ensure
that the high risk to the rights and freedoms of the data
subject referred to in subsection (1) is no longer likely
to materialise; or
(c) it would involve disproportionate effort and the
controller has made a public communication or similar
measure whereby data subject is informed in an equally
effective manner.