[235A Personal data breaches]
Investigatory Powers Act 2016 (2016 c 25) | Legislation

[235A  Personal data breaches]

[(1)     This section applies where a telecommunications operator would, but for a relevant restriction, be required by regulation 5A(2) of the 2003 Regulations to notify a personal data breach to the Information Commissioner.

(2)     The telecommunications operator must report the personal data breach to the Investigatory Powers Commissioner.

(3)     Where a telecommunications operator reports a personal data breach to the Investigatory Powers Commissioner under subsection (2), a Judicial Commissioner must disclose information about the breach to the Information Commissioner.

(4)     Where a Judicial Commissioner discloses information about a personal data breach to the Information Commissioner under subsection (3), the Information Commissioner must—

(a)     consider whether the breach is serious, and

(b)     if the Information Commissioner considers that the breach is

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