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In forceAmended2020 Revised Edition

Part 6A · Notification of Data Breaches

26B. Notifiable data breaches

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In plain English

A data breach is notifiable if it causes, or is likely to cause, significant harm to an affected individual. It is also notifiable if it is, or is likely to be, of a significant scale. If personal data is accessed, used, disclosed, copied or modified without authority only within an organisation, the breach is treated as not notifiable.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2020.

(1)

A data breach is a notifiable data breach if the data breach —

(a)

results in, or is likely to result in, significant harm to an affected individual; or

(b)

is, or is likely to be, of a significant scale.

(2)

Without limiting subsection (1)(a), a data breach is deemed to result in significant harm to an individual —

(a)

if the data breach is in relation to any prescribed personal data or class of personal data relating to the individual; or

(b)

in other prescribed circumstances.

(3)

Without limiting subsection (1)(b), a data breach is deemed to be of a significant scale —

(a)

if the data breach affects not fewer than the prescribed number of affected individuals; or

(b)

in other prescribed circumstances.

(4)

Despite subsections (1), (2) and (3), a data breach that relates to the unauthorised access, collection, use, disclosure, copying or modification of personal data only within an organisation is deemed not to be a notifiable data breach.

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Part 7

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Part 9

Do Not Call Registry

Part 9A

Dictionary Attacks and Address‑Harvesting Software

Part 9B

Offences Affecting Personal Data and Anonymised Information

Part 9C

Enforcement

Part 9D

Appeals

Part 10

General

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