Data breach – what is it and how to deal with it?

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chhandoar99
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Data breach – what is it and how to deal with it?

Post by chhandoar99 »

Personal data breaches are a topic of concern for data controllers, data protection officers, and organizational employees. How can they be managed, what steps should be taken, and are the formalities related to breaches complicated? I will briefly address these questions in the following article.

Under the GDPR, a “personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

In a more accessible way, we can say that a personal data protection breach occurs when three conditions are met:

the breach must involve personal data transmitted, stored or otherwise processed by the entity affected by the breach;
a breach may result in the destruction, loss, modification, unauthorized disclosure of, or unauthorized access to, personal data;
the breach is the result of a breach of data security rules.

According to the Article 29 Working Party Guidelines, we can list three types of personal data breaches

breach of confidentiality – involves disclosing personal data to an unauthorized person, e.g. accidentally sending a customer's personal data to the wrong company department or to an unauthorized person.
breach of availability – involves the temporary or permanent loss or destruction of personal data, e.g. loss or theft of a medium containing the administrator's customer databases in the absence of a backup copy,
integrity violation – involves changing the content of personal data in an unauthorized manner, e.g. an employee jokingly changes the names of customers by adding the letter "a" at the end of each of them.
What obligations does the controller have in relation to data protection breaches?

In order to implement the provisions of the GDPR, the Administrator should:

introduce procedures to identify and assess violations in terms of the risk of violating the rights and freedoms of natural persons;
keep internal records of violations;

report violations to the supervisory authority

notify data subjects of a breach;
take action to counteract the effects of the violation and prevent them in the future.

We have a violation... What should we do?

Analyze and assess. The first step when a personal data breach is suspected is to analyze and assess it. It's necessary to determine the circumstances of the incident, its causes, investigate the brother cell phone list nature of the breach and its scale, and assess the risk of violating the rights and freedoms of the individuals whose data is being processed.

If, after analysing the facts and collecting evidence, it turns out that: the breach concerns personal data; the result of the breach may be the destruction, loss, modification, unauthorized disclosure of or unauthorized access to personal data, and the breach is the result of a breach of data security rules, then you should proceed to the stage of reporting the breach.


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How to report a violation?

Once a breach is identified, you should address the formalities and first report the breach to the supervisory authority. In Poland, the authority responsible for reporting personal data breaches is the President of the Personal Data Protection Office (UODO).

The notification can be submitted using the form available on the website uodo.gov.pl in 4 ways:

Electronically by completing a dedicated form available directly on the biznes.gov.pl platform,
Electronically by sending the completed form to the ePUAP electronic ma
Electronically by sending the completed form via the general form available on the biznes.gov.pl platform,
By traditional mail, sending the completed form to the Office's address.
In the event of a cross-border data breach, the controller must analyse whether the lead supervisory authority for the specific processing activity affected by the breach is the President of the Personal Data Protection Office or another supervisory authority.
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