Archived 2023.01.11. Content moved to Guidance on Metrics
If a Data Holder has a major outage and needs to declare a disaster recovery situation and takes many hours to recover, what will the treatment be under the availability metrics? Is such an event a reasonable exemption to not meeting the availability non-functional requirement, or would this type of event just be considered a breach for the period?
Under the Consumer Data Standards, this is a breach of the non-functional requirements. The standards discuss only the level of availability and make no comment on the cause of any unplanned outages.
The regulatory response to such as situation is a determination for the ACCC enforcement team. The support portal is probably not the best avenue to get answers regarding likely enforcement. I would recommend reaching out to the ACCC directly.