Section 172 | Re-identification: effectiveness testing conditions

(1)For the purposes of section 171, in relation to a person who re-identifies information that is de-identified personal data, “the effectiveness testing conditions” means the conditions in subsections (2) and (3).

(2)The first condition is that the person acted—

(a)with a view to testing the effectiveness of the de-identification of personal data,

(b)without intending to cause, or threaten to cause, damage or distress to a person, and

(c)in the reasonable belief that, in the particular circumstances, re-identifying the information was justified as being in the public interest.

(3)The second condition is that the person notified the Commissioner or the controller responsible for de-identifying the personal data about the re-identification—

(a)without undue delay, and

(b)where feasible, not later than 72 hours after becoming aware of it.

(4)Where there is more than one controller responsible for de-identifying personal data, the requirement in subsection (3) is satisfied if one or more of them is notified.