then the hard drive's encryption has no effect, because the hacker will be The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. There is likely to be a significant impact on the affected individuals because of the sensitivity of the data and their confidential medical details becoming known to others. When most people hear 'data breach' they think of USB sticks dropped in If it’s impossible to notify those involved directly (because for example the data Encryption is relatively cheap nowadays and built into modern operating In such cases, you will need to promptly inform those affected, particularly if there is a need to mitigate an immediate risk of damage to them. There’s no definitive list of what is or isn’t personal data, so it all comes down to properly interpreting the GDPR’s definition: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’).

to have the personal data in the first place. On the other hand, you would not normally need to notify the ICO, for example, about the loss or inappropriate alteration of a staff telephone list.So, on becoming aware of a breach, you should try to contain it and assess the potential adverse consequences for individuals, based on how serious or substantial these are, and how likely they are to happen.For more details about assessing risk, please see section IV of the Article 29 Working Party (WP29) guidelines on personal data breach notification. under that definition are: If it’s likely that there will be a risk then you must notify the ICO; if it’s unlikely then you don’t have to report it. within your organisation. data affected by the personal data breach, in particular those that The fine can be combined with the ICO’s other corrective powers under Article 58.

this case, you would need the personal data in the database itself (or more In

However, not all of the scenarios in the above list would necessarily require We can write you a system that can be used on your computer, via the web or on your tablet/phone – or any combination of those - either now or in the future. physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned. possible include personal data that fulfils the criteria that trigger

Some personal data breaches will not lead to risks beyond possible inconvenience to those who need the data to do their job. access to, personal data transmitted, stored or otherwise processed; You need to assess this case by case, looking at all relevant factors.The theft of a customer database, the data of which may be used to commit identity fraud, would need to be notified, given the impact this is likely to have on those individuals who could suffer financial loss or other consequences. Likewise, you should be aware of any recommendations issued under relevant codes of conduct or sector-specific requirements that your organisation may be subject to.Failing to notify a breach when required to do so can result in a heavy fine up to 10 million euros or 2 per cent of your global turnover. Personal data breaches 1 can be categorised into:

notification would be required.

It also means that a breach is more than just about losing personal data.

‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; Article 4 (12) - Definitions GDPR Recital 85 of the GDPR explains that:“A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned.”This means that a breach can have a range of adverse effects on individuals, which include emotional distress, and physical and material damage.

In the meantime, our existing guidance on The European Data Protection Board (EDPB), which has replaced the Article 29 Working Party (WP29), includes representatives from the data protection authorities of each EU member state.

You should also consider how you might manage the impact to individuals, including explaining how they may pursue compensation should the situation warrant it.It is important to be aware that you may have additional notification obligations under other laws if you experience a personal data breach.

In short, there will be a personal data breach whenever any personal data is lost, destroyed, corrupted or disclosed; if someone accesses the data or passes it on without proper authorisation; or if the data is made unavailable, Recital 87 of the GDPR makes clear that when a security incident takes place, you should quickly establish whether a personal data breach has occurred and, if so, promptly take steps to address it, including telling the ICO if required.When a personal data breach has occurred, you need to establish the likelihood and severity of the resulting risk to people’s rights and freedoms. If the impact of the breach is more severe, the risk is higher; if the likelihood of the consequences is greater, then again the risk is higher. seeing the unencrypted data from the hard drive in the same way you do.


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