Data breaches don’t always stem from malicious cyberattacks sometimes, they’re the result of human error or carelessness like the person who leaves their phone without a password at the local pub with sensitive information there for anybody using the phone to see. What about the employee accidentally emailing sensitive data to the wrong recipient or a misconfigured system exposing personal information, unintentional or reckless disclosures can still lead to significant and costly GDPR violations. The Bulgarian Commission for Personal Data Protection (CPDP) offers practical guidance for organizations to manage such incidents effectively, ensuring compliance and minimizing harm. Here’s how businesses can apply these lessons to stay GDPR-compliant and businesses across the pond can follow for domestic privacy frameworks.
Understanding What an Unintentional Data Breach Is?
Under GDPR, a personal data breach is defined as any security incident that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data (Article 4(12)). The CPDP emphasizes that even unintentional breaches such as sending sensitive data to the wrong person or failing to secure a database can have serious consequences, including fines, brand damage, and loss of customer trust vs. being able to use trust as a competitive advantage.
Immediate Steps to Take After a Breach
When a breach occurs, time is critical. The CPDP outlines a clear roadmap for data controllers to follow:
- Assess the Incident: Within 72 hours of discovering the breach, evaluate its scope, the type of data affected (e.g., names, emails, or financial details), and the potential impact on individuals. For example, a leaked customer database could lead to identity theft or phishing attacks.
- Notify the Supervisory Authority: If the breach poses a risk to individuals’ rights and freedoms, notify the CPDP (or your local authority) within 72 hours, as required by Article 33 of GDPR. Your notification should include:
- The nature of the breach.
- Categories and approximate number of affected individuals and records.
- Likely consequences and proposed mitigation measures.
- Inform Affected Individuals: If the breach is likely to result in a high risk (e.g., financial loss or discrimination), promptly inform affected individuals. Provide clear, actionable advice, such as changing passwords or monitoring bank accounts.
- Contain and Mitigate: Take immediate steps to limit damage, such as securing compromised systems, revoking unauthorized access, or updating credentials.
Preventing Reckless Data Handling
The CPDP highlights common mistakes that lead to unintentional breaches and how to avoid them:
- Avoid Over-Collection of Data: Don’t collect data “just in case.” For example, asking for a national ID number for a newsletter subscription is unnecessary and increases risk. Review forms and processes to eliminate unneeded fields.
- Strengthen Access Controls: Ensure employees only access data essential for their roles. Implement strong password policies and require periodic changes to reduce vulnerabilities.
- Maintain Traceability: Keep detailed logs of who accesses personal data, when, and why. This helps identify the source of a breach and demonstrates accountability under GDPR.
- Train Your Team: Regular training sessions, especially for new hires, can prevent careless errors like sharing sensitive data via unsecured channels.
Building a Robust Incident Response Plan
The CPDP stresses the importance of having a tested incident response plan. This should include:
- Clear procedures for identifying and reporting breaches.
- Designated roles for handling incidents, such as a data protection officer (DPO).
- Regular simulations to ensure staff know how to respond.
- Pre-drafted templates for notifying authorities and individuals to save time during a crisis.
Why It Matters
Unintentional breaches may seem minor, but they can lead to big GDPR fines (up to €20 million or 4% of annual global turnover) and erode customer trust. By following the CPDP’s guidance, businesses can not only comply with GDPR but also demonstrate a commitment to protecting personal data.
