GDPR stands for General Data Protection Regulation. It ensures the protection of personal data within the European Union. A violation can have consequences ranging from pecuniary to loss of confidence. Knowing how to do this effectively is therefore important. Here is a step-by-step guide on what to do in the event of a GDPR breach.
Meaning of GDPR Breach
A breach of a GDPR occurs due to unauthorized or accidental access to, disclosure, alteration, loss, or destruction of personal data. This results from cyber attacks, human mistakes, data leaks, or failures of the systems. Once there are such breaches, one may face identity theft, financial fraud, or reputation damage. According to GDPR, an organization should respond promptly, assess the risk, and be under obligation to report significant breaches to the concerned authorities within 72 hours.
Step-by-Step Response to a GDPR Breach
Responding to a GDPR breach requires swift and organized action. Here's what you need to do:
Step 1: Determine and Verify the Breach
It begins with determining whether a data breach indeed exists. You must know what type and to what extent there is a breach to act on it.
Key Activities:
Identify the Breach: Determine unusual activities through security systems, logs, and monitoring tools.
Verify the Incident: Determine that unauthorized access, loss, or disclosure of personal data has occurred.
Gather Preliminary Data: Identify the nature of the data, the means by which the breach was committed, and the systems affected.
Step 2: Contain the Breach
Containment stops further damage. Timely action can even stop unauthorized access and prevent more propagation of those compromised data in the future.
Key actions:
Isolate Compromised Networks / Devices Lock down compromised systems.
Eliminate Unauthorized Access: Change passwords, disable accounts, or block unauthorized users.
Restore Data (if it can be done): If it is an unintended sharing breach, attempt to restore or remove the data.
Get IT Teams In: Engage cybersecurity professionals who will evaluate and contain the incident.
Step 3: Determine the Exposure to People
You do not report every breach. Determining your exposure will guide you on how to notify officials and the concerned people.
Key Questions to Consider
What data is exposed? (e.g., personal information, financial details, health data)
How sensitive is the information?
Could a breach cause people harm? That could be identification theft, fraud, reputational damage
Who is affected by the breach?
If the breach puts rights and freedoms of the individuals at risk, then notification must be submitted.
Step 4: Report the breach to the relevant supervisory authority Article 33 GDPR
Under the GDPR, particular breaches must be reported to a supervisory authority within a timely manner. It is a strict timeframe, or the fines shall be heavy.
Article 33 GDPR- Breakdown
72-Hour Reporting Requirement:
You have to report the breach within 72 hours after you become aware of it. If reporting is delayed, you have to explain why.
Who Must Report?
The Data Controller (the organization responsible for the data) has to report the breach.
The Data Processor (third-party handling data) has to notify the controller immediately after discovering the breach.
What to Include in the Report?
1. Description of the Breach:
Describe what happened.
Distribute the types of data and how many people are affected.
2. Contact Information:
Provide a name and any contact information related to the Data Protection Officer or other appropriate contact.
3. Consequences of the Incident:
Describe potential damage to affected individuals.
4. Rectification Measures:
Outline what actions have been or are being undertaken to correct this incident and minimise damage.
Note: If you can't get all your information together initially, please do submit what you have as soon as possible.
Step 5: Informs Concerned Individuals (as applicable)
If the breach would likely put the rights and freedoms of data subjects at high risk, you need to inform those affected. It will help them take action to protect themselves in transparency.
Important Actions:
1. Inform Promptly: Inform the individuals affected without unnecessary delay.
2. Supply Clear Information: What occurred, The nature of the data affected, Potential dangers, Steps that can be taken (e.g., change of passwords, watching accounts)
3. Give Support: Include contact details in case of needing assistance or guidance.
Step 6: Record the Breach
Even though you are not bound to report data breaches, under the GDPR, you are bound to document all the data breach incidents. Keeping good records demonstrates compliance and helps during an audit.
Important Information to Record:
Breach Facts: What happened, when, and how?
Impact Assessment: How many people you affected and what might happen?
Actions taken: Things you do to contain the breach, report it, and act for people affected?
These records must be detailed enough to allow the authorities to confirm GDPR compliance.
Step 7: Review and Prevent Future Breaches
Every breach has something to offer to learn from, so each should be looked into in great detail so as not to occur in the future.
Main Doings:
Reviewing the reason: find vulnerability in the systems, processes, or human beings
Update your firewalls, encryption, and access controls.
Provide the staff with education regarding the protection of data and breaches
Audit your system on regular intervals so the threats could be caught before causing any breach.
Key Takeaway
If there is a GDPR breach:
Act quickly and determine the breach.
Contain the breach to stop any further damage.
Assess the risk of the breach on the personal data.
Report the breach to the supervisory authority if necessary, within 72 hours.
Inform individuals whose personal data is exposed if there is a high risk of damage.
Record everything for evidence of compliance with GDPR.
Audit and strengthen your data protection practice.
Summing Up
A breach of GDPR needs swift action and strong response measures. The three most important things are to identify, report, and secure the data. Strong security and learning from the breach can prevent similar incidents in the future. Keep prepared and in compliance with GDPR to protect personal data effectively.
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FAQs on GDPR Breach
Q1. What is a GDPR breach?
A GDPR breach is when personal data is lost, accessed, disclosed, or altered without appropriate authorization, which might endanger people's privacy and data security.
Q2. What should be the very first step to take if a breach does occur?
First, confirm the breach, limit it to further damage, and understand the risks that may be presented to individuals' personal data.
Q3. When do I report a GDPR breach?
You must notify the supervisory authority of the breach within 72 hours if it poses a risk to individuals' rights and freedoms.
Q4. Who is accountable for reporting a GDPR breach?
The Data Controller must report the breach. A Data Processor should notify the controller immediately after discovering the breach.
Q5. Do I need to inform affected individuals?
Yes, if the breach poses a high risk to individuals, you must inform them promptly, explaining the breach and steps to protect themselves.
