Data Breach Management: Procedures and Responsibilities

Understanding Data Breaches

It's crucial to comprehend what constitutes a data breach and how to handle it effectively.

Definition of a Data Breach

A data breach is defined as any breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Employee Responsibilities

Every employee plays a vital role in promptly addressing and reporting data breaches.

Immediate Notification

If you become aware of a breach or potential breach of data, notify the designated data protection personnel in your organisation without delay. This enables swift action to mitigate risks.

Organisational Procedures

Organisations must have robust procedures in place to manage and report data breaches effectively.

Reporting to Regulatory Authorities

Notification Timeframe: If a breach poses a risk to data subjects, notify the Information Commissioner's Office (ICO) within 72 hours.

High-Risk Breaches: Individuals affected by high-risk breaches must also be notified within the same timeframe.

Exemptions: Some exemptions apply, such as if the data is rendered unintelligible or if other measures negate the high risk.

Required Information for Reporting

• Nature of the Breach: Describe the breach and the categories of data subjects and records affected.
• Consequences: Outline the likely consequences of the breach.
• Contact Information: Provide the name and contact details of the data protection officer or relevant person.
• Measures Taken: Detail the measures taken or proposed to address the breach and mitigate adverse effects.

Internal Breach Register

An internal breach register should be maintained to document all personal data breaches, including relevant details and actions taken.

This documentation serves to demonstrate compliance to regulatory authorities.