A GDPR data breach can be devastating. Understanding and reacting appropriately is vital. If you or your organization is faced with handling such a scenario, this guide clarifies the steps required by GDPR, the deadlines to observe, and the strategies to mitigate repercussions.
So, what exactly is a GDPR data breach? It’s more than just loss or theft of data. The GDPR defines a personal data breach as a security incident that results in:
A personal data breach can profoundly affect individuals’ privacy and data protection. Remember: The data at stake here is personal, sensitive, and valuable. It’s the kind of information that can be exploited for identity theft, fraud, and other cybercrimes.
Under the GDPR, personal data is any information related to an identified or identifiable living individual. In other words, if it can be used to directly or indirectly identify a person, it’s personal data.
The GDPR defines a “personal data breach” in Article 4(12) as: “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.”
Even if the personal data transmitted has been de-identified, encrypted, or pseudonymized, it still falls under the realm of GDPR as long as it can be used to re-identify an individual. It’s like a jigsaw puzzle: Even if the pieces are scattered, they hold value as long as they can be assembled to form a picture.
However, data that has been rendered fully anonymous, ensuring the individual is not identifiable, is not classified as personal data according to GDPR. To continue the simile: That’s less like a jigsaw and more like a shredded document that can’t be put back together.
Furthermore, GDPR’s application to personal data is technology-agnostic, encompassing both automated and manual processing across all forms of storage. This includes everything from digital databases to physical personal data records. So, whether it’s names, addresses, email addresses, ID card numbers, or online identifiers, it’s all personal data under GDPR, and the personal data records concerned are subject to the same regulations.
Let’s explore some common causes of data breaches. Understanding these causes can help you strengthen your organization’s defenses.
Weak and stolen credentials, application vulnerabilities, and malware are often used in cyberattacks to bypass security and gain unauthorized access to data.
But that’s not all: Social engineering tactics are employed to deceive individuals into providing access to sensitive data, leading to breaches. Even within an organization, excessive permissions and insider threats can result in data being copied, altered, or stolen by those with authorized access.
User error, often related to improper configuration of systems, is another prevalent cause of data breaches due to mistakes in handling sensitive information.
Finally, let’s not forget physical attacks, such as unauthorized entry to secure facilities, which represent a distinct threat to data security.
Under GDPR, organizations must report certain types of personal data breaches to the relevant supervisory authority within 72 hours of becoming aware of the breach. This is known as the 72-hour rule.
But it goes further than mere reporting: Organizations are obliged to begin an investigation urgently, allocate sufficient resources, and report the breach within this 72-hour period, even if full details are not yet available.
Remember, these rules apply to any entity established in the EU or those that process the personal data of EU residents. So, whether you’re in the heart of Europe or halfway across the world, if you’re dealing with the personal data of EU residents, the 72-hour rule applies to you. The European Data Protection Board is crucial in ensuring compliance with these regulations.
