Part 6: Enforcement Section 172: Re-identification: effectiveness testing conditions
This section creates a specific defence for persons who re-identify information for the purposes of testing others’ de-identification mechanisms. The section was developed to be of particular benefit to technology researchers.
	Subsection (1) requires that both effectiveness testing conditions as provided for in subsections (2) and (3) are met in order for this defence to be relied upon.
	The first condition, provided for in subsection (2), is that a person who re-identifies information acted with a view to testing the effectiveness of the de-identification system/s, acted without the intent to cause damage or distress, and acted in the reasonable belief that they were acting in the public interest.
	The second condition, provided for in subsection (3), is that the person notified the Information Commissioner, or the controller(s) responsible for the de-identification, about their actions without undue delay and within 72 hours of the activity. Subsection (4) provides that (3) is satisfied by notifying at least one controller, where one or more controllers were responsible for the de-identification.