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Reasonable Person Essay

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Reasonable person For the NDB scheme, a ‘reasonable person’ means a person in ComOps’ position (rather than the position of an individual whose personal information was part of the data breach or any other person), who is properly informed, based on information immediately available or following reasonable inquiries or an assessment of the data breach. Serious harm ‘Serious harm’ is not defined in the Privacy Act. In the context of a data breach, serious harm to an individual may include serious physical, psychological, emotional, financial, or reputational harm. 1.1 Determining if serious harm is likely [The Operations Manager] should assess the risk of serious harm holistically, having regard to the likelihood of the harm eventuating …show more content…

If we are aware of reasonable grounds to suspect that an eligible data breach may have occurred, the NDB Scheme requires us to assess whether an eligible data breach has occurred (that is, a data breach is one that satisfies all three criteria) within 30 days. This section 6 of the response plan sets out what the response team should do if [the Operations Manager] escalates a data breach to the response team. The steps and items set out in each step are not exhaustive. 2.1 Step 1: Contain the breach and conduct a preliminary assessment (a) Convene a meeting of the data breach response team. (b) Immediately contain the breach. This may be by way of implementing any business continuity plans and/or disaster recovery plans by [the Operations Manager and/or the IT Manager]. (c) Inform [the Chief Executive Officer and the Board of Directors] and provide ongoing updates on any key developments. (d) Ensure evidence is preserved that may be valuable in determining the cause of the breach, or allowing ComOps to take appropriate corrective action. (e) Consider developing a communications or media strategy to manage: (i) shareholder communications; and (ii) public expectations and media interest. 2.2 Step 2:

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