Data breaches

Data breaches

This subtopic reflects notification requirements in Assimilated Regulation (EU) 2016/679, the UK GDPR Data Protection Regulation (UK GDPR) and draws on guidance published by the Information Commissioner's Office (ICO) to provide practical assistance on managing a personal data breach. It also contains information previously set out in ICO guidance on data security breach management which predated UK GDPR, but contained additional useful practical information.

What is a personal data breach?

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 transmitted, stored or otherwise processed. See Practice Note: How to manage a personal data breach—What is a personal data breach?

Breach of the UK GDPR can expose commercial organisations to fines up to £17.5m or 4% of the total worldwide annual turnover, whichever is higher.

Breach management

The ICO recommends that an organisation’s breach management plan should consist of the following four elements:

•
containment and recovery
•
assessment of ongoing risk
•
notification of breach
•
evaluation and response

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