Personal Data Breach: A Threat to Individuals’ Rights and Freedoms

A recent incident has highlighted the importance of protecting personal data, as a breach in security measures has compromised the privacy of numerous individuals. The breach, which occurred when an attacker accessed personal data, presents a significant risk to the rights and freedoms of those affected.

The Consequences of a Personal Data Breach

Loss of control over one’s personal data
Limitation of rights
Discrimination
Identity theft or fraud
Financial loss
Unauthorized reversal of pseudonymization
Damage to reputation
Loss of confidentiality of personal data protected by professional secrecy

These adverse effects can result in significant economic or social disadvantages.

Notification Requirements

In the event of a breach, controllers are required to notify both the supervisory authority and affected individuals without undue delay, unless it is unlikely that the breach will result in any of these adverse effects. The notification must be made within 72 hours of becoming aware of the breach, providing reasons for any delay.

Assessing the Risk

Controllers must assess the risk to individuals immediately upon discovery of a breach.
Notification must be made without undue delay, taking into account the nature and gravity of the breach and its consequences and adverse effects for the data subject.
Recital 87 of the General Data Protection Regulation (GDPR) emphasizes the importance of assessing the risk to individuals.

Failure to Notify

Controllers who fail to notify either the supervisory authority or affected individuals may face administrative fines up to €10 million or 2% of their worldwide annual turnover.
The supervisory authority may impose sanctions for failure to notify or communicate the breach, as well as absence of adequate security measures.

Conclusion

The recent incident highlights the importance of protecting personal data and the consequences of failing to do so. Controllers must ensure that they have implemented all appropriate technological protection and organizational measures to prevent breaches from occurring in the first place.

Recommendations

To mitigate the risks associated with personal data breaches, we recommend:

Implement robust security measures: Controllers should implement robust security measures to prevent breaches from occurring.
Have procedures in place for responding to breaches: Controllers should have procedures in place for responding to breaches, including notification to supervisory authorities and affected individuals.
Take a proactive approach to ensuring compliance with GDPR requirements: Supervisory authorities should take a proactive approach to ensuring compliance with GDPR requirements, including notification of breaches.

By taking these steps, we can work together to protect the rights and freedoms of individuals and prevent personal data breaches from occurring.