← VCE Data Analytics U4O2

Statement to the Commissioner (ss 26WK, 26WR)

After an eligible data breach, the organisation must prepare a statement of required details and give it to the Australian Information Commissioner as soon as practicable.

Part of: VCE Data Analytics - U4O2 - Cyber Security: Data Security — Module 120, WA Computer Science ATAR Year 11 — Cyber Security — Module 162

Understanding Statement to the Commissioner (ss 26WK, 26WR) in VCE Data Analytics U4O2

What it does: The list holds the four required details that make up the content of the statement. The condition is an eligible data breach, and the actions are preparing the statement and sending it to the Commissioner. Under ss 26WK and 26WR, the organisation gives the statement to the Australian Information Commissioner (OAIC). It is not given only to the police. The law requires the statement as soon as practicable. Waiting for the end of the year would delay the response and leave people at risk. The statement describes the breach. It never needs to include passwords. Sharing them would cause even more harm.

Common mistakes: After an eligible data breach the organisation must prepare the statement on its own. It does not wait to be asked. The line should be ' PREPARE statement'. The statement must be given to the Australian Information Commissioner, not the police. The line should be 'GIVE stmt TO Commissioner'.

Class: _____________________  ·  Name: _____________________  ·  Date: _________

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Learning
Duo
Who must receive the statement after an eligible data breach?
The Australian Information CommissionerThe Australian Federal Police only
Matches
send_statement(to = customers_only)
↓
The statement must be given to the Australian Information Commissioner, not only to customers. Individuals are notified as a separate step.
Applying
Meanings
Term
Statement to the Commissioner
Meaning
After an eligible data breach, the organisation must prepare a statement of required details and give it to the Australian Information Commissioner as soon as practicable.
Practice
STATEMENT TO THE COMMISSIONER
Testing
Gaps
After a breach, prepare a
Check Answer
Spots
1IF breach IS eligible THEN
2 PREPARE statement IF asked

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Quick Questions

1. Who must receive the statement after an eligible data breach?
A. The Australian Information Commissioner ✓
B. The Australian Federal Police only
Under ss 26WK and 26WR, the organisation gives the statement to the Australian Information Commissioner (OAIC). It is not given only to the police.
2. When must the statement be given to the Commissioner?
A. As soon as practicable after becoming aware of the eligible breach ✓
B. At the end of the financial year
The law requires the statement as soon as practicable. Waiting for the end of the year would delay the response and leave people at risk.
3. Which detail must be in the statement?
A. A description of the eligible data breach ✓
B. The passwords of every affected person
The statement describes the breach. It never needs to include passwords. Sharing them would cause even more harm.
4. Which detail must be in the statement?
A. The home address of the staff member who caused it
B. The identity and contact details of the organisation ✓
The statement must name the organisation and give its contact details so people can follow up. Individual staff details are not required.
5. Which detail must be in the statement?
A. The organisation's total yearly profit
B. The kinds of information involved in the breach ✓
The statement must say what kinds of information were involved, for example names, addresses or health records. Profit is not required.

Match the Pairs

statement.recipient = Commissioner → The statement is given to the Australian Information Commissioner, who is the regulator for the Privacy Act.
send_statement(as_soon_as_practicable) → Timing rule: the statement must be given to the Commissioner as soon as practicable once it is prepared.
The statement must include the organisation's identity and contact details, a description of the breach, the kinds of information involved and recommended steps for affected individuals. → statement = [entity, description, info_kinds, steps]
Once an organisation confirms an eligible data breach, it must prepare a statement and give it to the Commissioner. → IF eligible_breach THEN prepare_statement() AND send_to(Commissioner)
send_statement(to = customers_only) → The statement must be given to the Australian Information Commissioner, not only to customers. Individuals are notified as a separate step.
WAIT 12 months THEN send_statement() → Waiting a year is a serious delay. The statement must be given to the Commissioner as soon as practicable.

Key Term

Statement to the Commissioner
After an eligible data breach, the organisation must prepare a statement of required details and give it to the Australian Information Commissioner as soon as practicable.

Fill in the Blanks

1. After a breach, prepare a statement
Hint: Type the name of the document the organisation must prepare after an eligible data breach.
2. Give the statement to the Australian Information Commissioner
Hint: Type the title of the person who receives the statement.
3. Send it to the Commissioner as soon as practicable
Hint: Type the word that describes the timing for giving the statement.
4. The statement must include the entity's identity and contact details
Hint: Type the kind of details, alongside identity, that the organisation must include about itself.
5. Recommend steps individuals should take
Hint: Type what the statement recommends individuals do in response to the breach.

Spot the Error

Question 1
A IF breach IS eligible THEN
B PREPARE statement IF asked
C GIVE stmt TO Commissioner
D END IF
Line B — After an eligible data breach the organisation must prepare the statement on its own. It does not wait to be asked. The line should be ' PREPARE statement'.
Question 2
A eligible ← TRUE
B stmt ← PREPARE statement
C GIVE stmt TO state Police
Line C — The statement must be given to the Australian Information Commissioner, not the police. The line should be 'GIVE stmt TO Commissioner'.
Question 3
A stmt.entity ← name only
B stmt.breach ← description
C stmt.info ← kinds of data
D stmt.advice ← steps for people
Line A — The statement must give the identity AND contact details of the organisation, not just its name. The line should be 'stmt.entity ← name + contact'.
Question 4
A stmt ← NEW Statement
B stmt.entity ← name + contact
C stmt.info ← actual data values
Line C — The statement describes the kind or kinds of information involved in the breach. It does not repeat the actual data. The line should be 'stmt.info ← kinds of data'.
Question 5
A stmt.entity ← name + contact
B stmt.breach ← description
C stmt.info ← kinds of data
D stmt.advice ← steps for staff
Line D — The statement must recommend steps that the affected individuals should take in response to the breach, not steps for staff. The line should be 'stmt.advice ← steps for people'.

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