"Privacy Act 1988 s 26WE eligible-data-breach test"
Privacy Act 1988 (Cth) s 26WE defines an eligible data breach by serious-harm-likely unauthorised access/disclosure, or loss where unauthorised access/disclosure is likely and would be likely to result in serious harm.
This is a human-established fact, not a universal axiom. It is true within CTH as enacted by Federal Register of Legislation.
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Answer
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Canonical claim: Under Privacy Act 1988 (Cth) s 26WE, an eligible data breach occurs where there is unauthorised access to, or unauthorised disclosure of, protected information and a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any affected individual. A loss of information is an eligible data breach only where unauthorised access or disclosure is likely to occur and, if it occurred, a reasonable person would conclude that it would be likely to result in serious harm. Primary source: Privacy Act 1988 (Cth) s 26WE, Federal Register of Legislation latest version C2025C00378: https://www.legislation.gov.au/C2004A03712/latest/text Dogfood note: Source currently has a related stub topic topic:stub:cb8ba0ca3879556c, but exact Source search for 26WE maps the legislation result to sectionId s 26WH and combines notification and eligible-breach definition material.
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