Data Breaches

Need to report a data breach? Use the Breach Log.

This best practice area pulls together all our relevant content on data breaches.

This includes:

  • Data Breach Procedure
  • e-learning and drip-feed posters
  • FAQs
  • Links to other relevant best practice

Data breaches should be kept at the forefront of your data protection planning, as they can result in the most disruption and harm.

Why?

The GDPR introduced a duty on all organisations to report certain types of a personal data breach to the relevant supervisory authority (The ICO). This must 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, individuals must also be informed without undue delay;
  • Organisations should ensure they have robust breach detection, investigation and internal reporting procedures in place. This will facilitate the decision to notify the ICO and/or the affected individuals;
  • Organisations must also keep a record of any personal data breaches, regardless of whether they require notification to the ICO.

Always log your data breaches and get in touch with DPE if you require urgent assistance at This email address is being protected from spambots. You need JavaScript enabled to view it.

Data Breach Next Steps

Follow these steps to manage a personal data breach

1

Review Guidance & Log the Breach

Read the Data Breach Best Practice Area before proceeding. Log the incident on the Knowledge Bank Breach Log as soon as it is discovered. If you have any questions, then add a ticket from the log, by clicking on the 'Need Help? Log a ticket' button on the top right of the log; this links them both together.

2

Contain the Breach

Take immediate action to stop further loss, unauthorised access, or disclosure of data. Where possible, recover any data that has gone missing. Ensure you add any actions you have taken to the breach log.

3

Assess the Risk

Determine what data was involved, how many individuals are affected, and the likelihood and severity of harm to those individuals. Update the log with this information.

4

Notifying the ICO (DPE can do this)

If the breach is likely to result in a risk to individuals, we can report it to the ICO within 72 hours of becoming aware. If you're not sure, the log a ticket from the data breach log to ask the question.

5

Notify Affected Individuals (if required)

Where the breach is likely to result in a high risk to individuals' rights and freedoms, inform them without undue delay, explaining the nature of the breach and what they can do to protect themselves. Ask our advice if you need to.

6

Document the Breach

Record the facts, effects, and remedial action taken, regardless of whether the breach met the threshold for ICO notification.

7

Review & Prevent Recurrence

Identify the root cause and put in place measures, training, or policy changes to prevent the breach from happening again.

?

Need Help?

Click the 'Need help? Open a ticket' button in the breach log you created. This will copy across all the information from the log to the ticket, and they will be linked.

Data Breaches Accountability Tracker

Work through the full framework for data breaches.

Examples of breaches

 

  • Loss or theft of paper records or loss or theft of equipment on which data is stored, e.g. a laptop, mobile phone, tablet device or memory stick;
  • A letter or email containing personal and/or confidential data sent to the wrong address (including internal staff or third parties) or an email to an unauthorised group of email boxes;
  • Personal data disclosed orally in error in a meeting or over the phone – including “blogging”, where information is obtained by deceiving The Organisation or where information has been disclosed without confirming the true identity of the requester;
  • Unauthorised access to information classified as personal or confidential, e.g. attaching documents to an outlook diary appointment that is openly accessible;
  • Posting information on the world wide web or on a computer otherwise accessible from the Internet without proper information security precautions;
  • Sensitive information left on a photocopier or on a desk in County Council premises;
  • Unauthorised alteration or deletion of information;
  • Not storing personal and confidential information securely;
  • Not ensuring the proper transfer or destruction of files after the closure of offices/buildings, e.g. not following building decommissioning procedures;
  • Failure to safeguard/remove personal data on office equipment (including computers and smartphones) before disposal/sale.

 

Examples of Breaches caused by IT Security Incidents:

  • Unauthorised access to IT systems because of misconfigured and/or inappropriate access controls;
  • Hacking or phishing attacks and related suspicious activity; 
  • Virus or malware attacks and related suspicious activity; 
  • ICT infrastructure-generated suspicious activity;
  • Divulging a password to another user without authority.

What are the immediate steps we need to take if there is a breach?

What do we do if we are made aware of a breach that happened in the past?

What do we do if we had a data breach from a cyber attack?

What processes should we follow if data has been exposed due to being hacked?

What types of data would constitute personal and therefore a possible breach?

Have a question about data breaches? Ask it here.

Please use this for generic questions about breaches and breach procedures.

To report a data breach - use the Breach Log

To contact use about an urgent or specific query contact us using: This email address is being protected from spambots. You need JavaScript enabled to view it.

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