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ARTICLE · 22 AUGUST 2018

What Have The ICO Said About Data Breach?

Dentons Canada LLP
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The ICO have been discussing data breach reporting under GDPR in a new webinar.

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Nick Graham
Nick Graham
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The ICO have been discussing data breach reporting under GDPR in a new webinar.

Here are the key points:

  • GDPR introduces mandatory breach reporting. This applies to accidental breaches and internal breaches – not just those that are deliberate or are about losing personal data externally. Don't forget about integrity and availability breaches (e.g. damage to records due to fire or flood as well as ransomware). Temporary loss of data, according to EDPB Guidance can be a personal data breach.
  • This does not mean that you have to report all general breaches of GDPR (eg. failure to present a suitable privacy notice). Breach reporting only applies to breach of confidentiality, integrity or availability of data: the so-called the "CIA Triad". Similarly, breach notifications do not apply in relation to records relating to deceased persons (not covered by GDPR).

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