Simone Lawson
A personal data breach refers to a security incident in which the confidentiality, integrity, or availability of personal data is compromised. This includes unauthorised access, data theft, loss of data, alteration or corruption of data, inadvertent sharing of data, cyberattacks, data exfiltration, and failure to secure data. Organisations must notify the relevant supervisory authority and the individuals affected by the breach, especially if the breach is likely to result in a high risk of adversely affecting individuals' rights and freedoms. The failure to report a breach can result in significant fines.
| Characteristics | Values |
|---|---|
| Unauthorized access | When an unauthorized person gains access to personal data |
| Data theft | Theft of physical devices or digital files containing personal data |
| Loss of data | Accidental loss of devices or data storage media containing personal information |
| Inadvertent sharing | Personal data inadvertently shared with unauthorized individuals or entities |
| Cyberattacks | Hacking, malware infections, phishing attacks, or any other malicious activities compromising data security |
| Data exfiltration | Deliberate or accidental transfer of personal data outside the organization's control |
| Failure to secure data | Not implementing adequate security measures to protect personal data |
| Inconvenience | Inability to access data required to do a job |
| Emotional distress | Negative impact on mental health |
| Physical damage | Harm to physical well-being |
| Material damage | Financial loss or other material consequences |
| High-risk impact | Significant detrimental effect on individuals' rights and freedoms |
| Notification required | Within 72 hours of becoming aware of the breach |
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What You'll Learn
Unauthorised access
For example, a hospital employee decides to copy patients' details onto a CD and publishes them online. As soon as the hospital finds out, it has a duty to inform the supervisory authority and, since the personal details contain sensitive information, it must also inform the patients. In this case, there would be doubts about whether the hospital implemented appropriate technical and organisational protection measures.
Another example would be a cloud service losing several hard drives containing personal data belonging to several of its clients. In this case, the cloud service must notify those clients as soon as it becomes aware of the breach.
Organisations must notify the relevant supervisory authority and individuals if the personal data includes sensitive data, such as health data. This is because a breach can have a range of adverse effects on individuals, including emotional distress and physical and material damage.
In the case of a breach, organisations must record all breaches, regardless of whether they need to be reported to the relevant supervisory authority. This is part of the organisation's overall obligation to comply with the accountability principle.
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Data theft
Notable examples of data theft include the breach of Qantas' customer data, affecting records of 6 million customers, and the unauthorized removal of highly classified documents about U.S. nuclear weapons design using a USB flash drive. Organizations must notify the relevant supervisory authority and individuals in the event of a data breach involving sensitive information. For example, a hospital that discovers a breach of patient data must inform the supervisory authority and the patients within 72 hours.
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Loss of data
In the event of a loss of data, organisations must notify the relevant supervisory authority and the individuals affected by the breach. The notification must be made as soon as possible and within 72 hours of becoming aware of the breach. The notification should include a description of the nature of the breach, the number of individuals and records affected, the name and contact details of the data protection officer, the likely consequences of the breach, and the measures taken or proposed to address it.
The potential negative consequences of a loss of data breach include financial loss, identity theft, fraud, discrimination, damage to reputation, and emotional distress. These consequences can have a significant impact on individuals and organisations. Individuals may suffer financial loss, emotional distress, and other social or economic disadvantages. Organisations may experience reputational damage, loss of consumer trust, and disruption to business operations.
To mitigate the impact of a loss of data breach, organisations should have robust breach detection, investigation, and internal reporting procedures in place. They should also ensure that all personal data is securely encrypted and that appropriate technical and organisational measures are implemented to protect personal data. By taking these steps, organisations can reduce the risk of a loss of data breach and minimise the potential negative consequences for individuals.
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Data disclosure
In the event of a data disclosure breach, organisations must notify the relevant supervisory authority and the individuals whose data has been compromised. This should be done within 72 hours of becoming aware of the breach, where feasible. If the breach is likely to result in a high risk of adversely affecting individuals' rights and freedoms, the organisation must also inform those individuals without undue delay.
The definition of "personal data" is broad and includes any information that can directly or indirectly identify an individual. This can include names, identification numbers, location data, online identifiers, and other factors specific to an individual's physical, physiological, genetic, mental, economic, cultural, or social identity.
It is important to note that data disclosure is just one type of personal data breach. Other types of breaches include unauthorised access, data theft, loss of data, alteration or corruption of data, cyberattacks, data exfiltration, and failure to secure data.
The impact of a data breach can vary from mere inconvenience to significant adverse consequences, such as identity fraud or financial loss. Organisations should assess the potential impact of a breach on a case-by-case basis and implement appropriate technical and organisational protection measures to mitigate the risk of data breaches.
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Cyberattacks
Hacking is a prevalent form of cyberattack, with hackers acting as lone operators or part of an organized ring. They often seek financial gain by stealing credit card numbers, bank account information, and other financial data. Additionally, hackers may target personally identifiable information (PII), such as social security numbers and phone numbers, for identity theft purposes. This stolen PII can be sold on the dark web, further exacerbating the issue.
Malware infections are another common tactic employed by cybercriminals. Malware can negate regular authentication steps, compromising protected computers and networks. Payment card fraud, for instance, involves the use of card skimmers attached to ATMs or gas pumps to steal data during card swiping.
Phishing attacks are a significant concern, often leading to data breaches. Cybercriminals employ social engineering techniques to trick individuals into providing personal information or downloading malware. Phishing can result in unauthorized access to systems and networks, enabling data theft and further malicious activities.
Data exfiltration is a malicious activity where data is deliberately transferred outside an organization's control. This can be done by a malicious actor or accidentally. Failure to secure data adequately is a critical vulnerability that can lead to data breaches. Implementing robust security measures, such as encryption and access controls, is essential to protect personal data.
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Frequently asked questions
A breach of personal data occurs when there is a security incident that compromises the confidentiality, integrity, or availability of personal data. This includes unauthorised access, data theft, loss of data, alteration or corruption of data, inadvertent sharing of data, cyberattacks, data exfiltration, and failure to secure data.
Examples of a breach of personal data include unauthorised access by a hacker or an authorised person within an organisation, theft of physical devices or digital files containing personal data, accidental loss of devices or data storage media, inadvertent sharing of personal data through human error or technical glitches, and failure to implement adequate security measures.
Organisations should have robust breach detection, investigation, and internal reporting procedures in place. They must report certain types of personal data breaches to the relevant supervisory authority, such as the Information Commissioner or the DPA, within 72 hours of becoming aware of the breach. If the breach is likely to adversely affect individuals' rights and freedoms, the organisation must also inform those individuals without undue delay. Organisations should keep a record of all breaches and take appropriate measures to deal with the breach and mitigate any possible adverse effects.
