Communication of a personal data breach to the data subject

64.(1) Where a personal data breach is likely to result in a high risk to the rights and freedoms of individuals, the data controller shall communicate the personal data breach to the data subject without undue delay and, where feasible, not later than 72 hours after having become aware of it.

(2) The communication to the data subject referred to in subsection (1) shall describe in clear and plain language the nature of the personal data breach and contain the information referred to in paragraphs (b), (c) and (d) of section 63(4).

(3) The communication to the data subject referred to in subsection (1) shall not be required where any of the following conditions are met:

(a) the data controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;

(b) the data controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in subsection (1) is no longer likely to materialise;

(c) it would involve disproportionate effort and in such a case, there shall be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.