Personal Data Breach: 5 Practical Tips Before (or If) an Incident Occurs
A personal data breach can result not only in legal consequences but also in reputational and organizational consequences. It is important for companies not only to respond appropriately to an incident that has already occurred, but also to prepare in advance for potential data breaches.
In this article, we discuss five practical steps that organizations should take before an incident occurs so that they can assess the situation more quickly, respond appropriately, and mitigate potential risks.
What is a personal data breach?
Personal Data Breach (ADSP) – a security breach resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to personal data. The definition of a PDSI includes breaches of the confidentiality, integrity, and availability of personal data.
Under the General Data Protection Regulation (GDPR), upon discovering a personal data breach, the data controller must assess whether the breach poses a risk to the rights and freedoms of natural persons. Where such a risk is likely, the breach must be reported to the supervisory authority without undue delay and, where feasible, no later than 72 hours after the controller becomes aware of it.
When a breach poses a high risk to the rights and freedoms of natural persons, the affected data subjects must also be notified in certain cases. In addition, the data controller must document all personal data breaches, including the facts surrounding the breach, its impact, and the corrective measures taken.
Types of Personal Data Security Breaches
Breach of Confidentiality
A data breach occurs when personal data is inadvertently or unlawfully disclosed, transferred, or made accessible to individuals who are not authorized to view it. For example, an employee may accidentally send customer data to the wrong recipient, or third parties may gain access to the data as a result of a cyber incident.
Breach of Integrity
A breach of integrity occurs when personal data is accidentally or unlawfully altered, distorted, or otherwise modified. For example, due to a technical error or unauthorized access, the data of customers, employees, or other data subjects may be altered.
Accessibility Violation
An accessibility breach occurs when, due to unintentional or unlawful actions, access to personal data is lost or the data is destroyed in such a way that it can no longer be used properly. For example, data may become inaccessible due to ransomware, a server failure, or another cyber incident.
5 Practical Tips for Preparing for a Personal Data Breach
Tip 1: Establish an incident response process in advance
The organization should establish in advance a clear process for identifying, assessing, and managing personal data breaches. It is important to define who is responsible for identifying the incident, assessing the risk, deciding whether to notify the supervisory authority, and taking other necessary actions. A pre-established procedure helps ensure a faster and more consistent response to an incident.
Tip #2: Train your employees and raise their awareness
Employee errors are one of the most common causes of personal data breaches. Therefore, it is important to regularly train employees to recognize potential threats, handle personal data securely, and know how to respond when an incident is detected. Hands-on training and clear internal procedures help reduce the likelihood of errors and ensure a faster response to breaches.
Tip 3: Clearly assign responsibilities and prepare for a 72-hour deadline
The organization should clearly designate who is responsible for assessing a personal data breach, deciding whether to notify the supervisory authority, and coordinating other actions. If the breach poses a risk to the rights and freedoms of natural persons, it must be reported to the supervisory authority without undue delay and, if possible, no later than 72 hours after the breach is discovered. Therefore, it is advisable to establish internal decision-making and notification procedures in advance.
Tip 4: Be prepared to notify data subjects
If a personal data breach poses a high risk to the rights and freedoms of natural persons, the data subjects affected must be notified of the breach in certain cases. Therefore, an organization should prepare in advance a procedure for such notification, designate responsible individuals, and establish clear criteria for determining whether such notification is necessary.
Tip 5: Document violations and maintain a record of violations
All personal data breaches must be properly documented, regardless of whether they were reported to the supervisory authority. It is recommended that the incident log include the key details of the incident, its impact, the risk assessment conducted, the decisions made, and the corrective measures taken. Proper documentation not only helps manage the incident but also demonstrates that the organization has complied with the GDPR requirements.
What should you do if a personal data breach occurs?
When a personal data breach occurs, it is important to act quickly and consistently. First, you need to determine what happened, what personal data was affected, how many data subjects may have been affected, and what the potential consequences are for their rights and freedoms.
After conducting an initial assessment, it is necessary to determine whether the breach must be reported to the supervisory authority and, where applicable, to notify the affected data subjects. It is also necessary to document the breach, the risk assessment conducted, the decisions made, and the actions taken to address the consequences of the breach and prevent its recurrence.
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