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CONSEQUENCES OF FAILING TO COMPLY WITH A MICRODATA UNDERTAKING
Following the investigation and depending on the nature of the breach, the ABS may require the development and implementation of strategies to:
Depending on the success of these strategies and the severity of the breach, the ABS may:
The ABS may also invoke Subsection 19 (3) of the Census and Statistics Act 1905 which provides that a person who fails to comply with an undertaking given by that person in respect of microdata is guilty of an indictable offence, punishable on conviction by a fine of 120 penalty units ($25,200) or imprisonment for two years, or both.
While ABS must treat breaches of the microdata undertakings very seriously we would much rather help users and their organisations avoid the possibility of a breach. If at any time, you are unsure about your or your organisation's compliance with a microdata undertaking, please contact firstname.lastname@example.org or call 02 6252 7714.
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