(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
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