Financial Crime World

GDPR: Controllers Required to Report Personal Data Breaches within 72 Hours

Controllers in Ireland are obligated to notify the Data Protection Commissioner (DPC) of personal data breaches without undue delay, and at the latest within 72 hours after becoming aware of the breach. The notification must include specific details such as:

  • Type of breach
  • Number of affected data subjects
  • Proposed remedy

Notification Obligations under NIS Regulations

Operators of essential services are required to notify incidents that have a significant impact on the continuity of an essential service to the National Cyber Security Centre within 72 hours. The incident must be reported if it has had or is having a significant impact on:

  • Number of users affected
  • Duration of the incident
  • Geographical spread of the area affected

e-Privacy Regulations

Providers of electronic communications networks and services are required to notify the Commission for Communications Regulations (ComReg) in the event of a breach that has a significant impact on their network or service. The notification must be made without undue delay, and at the latest within 24 hours after becoming aware of the breach.

Enforcement Action

The Data Protection Commissioner has taken enforcement action against several organizations for failing to comply with their security and reporting obligations. Recent decisions include fines imposed on:

  • Centric Health
  • Bank of Ireland
  • Fastway Couriers
  • Meta

Measures to Prevent Attacks

While there is no specific prohibition on the use of beacons, honeypots, or sinkholes in Ireland, any organization considering implementing these measures must ensure compliance with relevant requirements under applicable laws, such as:

  • GDPR
  • ePrivacy Regulations

Additionally, monitoring or intercepting electronic communications without consent may be contrary to the ePrivacy Regulations.

GDPR Compliance

Organizations operating in Ireland must comply with the General Data Protection Regulation (GDPR), which requires them to implement appropriate technical and organizational measures to ensure the security of personal data. This includes:

  • Notifying personal data breaches to the DPC within 72 hours
  • Ensuring that employees are aware of their obligations under the GDPR

Conclusion

In Ireland, organizations operating in the digital landscape must be aware of their obligations under various regulations, including:

  • GDPR
  • ePrivacy Regulations
  • NIS Regulations

Failure to comply with these regulations can result in enforcement action, including fines. Organizations must ensure that they have implemented appropriate measures to prevent attacks, detect and deflect incidents on their IT systems, and notify personal data breaches without undue delay.