§ 66 BDSG
Notification of data subjects in the event of a personal data breach
(1)Where a personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
(2)The communication to the data subject referred to in Subsection (1) shall describe in clear and plain language the nature of the personal data breach and contain at least 1 the name and contact details of the data protection officer or other contact point from whom more information can be obtained and; 2 a description of the likely consequences of the personal data breach and of the measures taken or proposed to be taken by the controller to address the personal data breach.
(3)The communication to the data subject referred to in Subsection (1) shall not be required where 1 the controller has implemented appropriate technical and organisational protection measures which were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption,; 2 the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of the data subject referred to in Subsection (1) is no longer likely to materialise or; 3 it would involve a disproportionate effort, in which case there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
(4)Where the controller has not already communicated the personal data breach to the data subject, the Federal Commissioner may, having considered the likelihood of the personal data breach resulting in a high risk, require the controller to do so.
(5)The communication to the data subject referred to in Subsection (1) may be delayed, restricted or omitted subject to the conditions and for the reasons referred to in Section 56 Subsection (3).
(6)Section 42 Subsection (4) shall apply accordingly.