Personal Data Breach Management Procedure

1. Purpose

The purpose of this procedure is to define the process for responding to personal data breaches, ensuring that appropriate measures are taken to mitigate the impact of such breaches, notify relevant stakeholders, and prevent future occurrences. This procedure is in compliance with data protection regulations such as the General Data Protection Regulation (GDPR).

2. Scope

This procedure applies to all employees, contractors, third-party vendors, and anyone processing personal data on behalf of the company. It covers any personal data breach, defined as a security incident that leads to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.

3. Definitions

Personal Data: Any information relating to an identified or identifiable natural person.

Personal Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.

Data Subject: The individual whose personal data is involved in the breach.

Data Protection Officer (DPO): The person responsible for overseeing data protection strategy and compliance.

4. Roles and Responsibilities

4.1. Employees

Report any suspected or confirmed data breaches immediately to their line manager or the DPO.

Cooperate fully with any breach investigation.

4.2. Line Managers

Ensure that their team is aware of this procedure and understands how to report potential data breaches.

Assist in investigating reported breaches within their area of responsibility.

4.3. Data Protection Officer (DPO)

Lead the investigation of data breaches.

Determine whether the breach needs to be reported to regulatory authorities and/or data subjects.

Liaise with senior management and relevant authorities on data breach matters.

Maintain records of all personal data breaches, regardless of whether they require notification to a regulatory body.

4.4. IT Department

Provide technical support to contain and investigate breaches.

Implement security measures to prevent future breaches.

5. Procedure

5.1. Reporting a Breach

All suspected or confirmed breaches must be reported to the DPO immediately via email or the designated breach reporting tool.

The initial report should include the following details:

Description of the breach (what happened and when).

Type of personal data involved.

Number of data subjects affected.

Potential consequences of the breach.

5.2. Containment and Recovery

Upon notification of a breach, the DPO will coordinate with the IT department and relevant personnel to:

Contain the breach to prevent further data loss.

Recover any lost or compromised data.

Assess the extent of the breach and its impact on individuals.

5.3. Risk Assessment

The DPO will assess the risks associated with the breach, including:

The sensitivity of the personal data involved.

The potential harm to the data subjects.

Whether the data is encrypted or anonymized.

5.4. Notification to Authorities

If the breach is likely to result in a risk to the rights and freedoms of data subjects, the DPO must notify the relevant data protection authority within 72 hours of becoming aware of the breach.

The notification must include:

A description of the nature of the breach.

Categories and approximate number of data subjects and personal data records involved.

Contact details of the DPO.

Likely consequences of the breach.

Measures taken or proposed to address the breach.

5.5. Notification to Data Subjects

If the breach is likely to result in a high risk to the rights and freedoms of the affected data subjects, the DPO must notify the data subjects without undue delay.

The notification should include:

A description of the breach.

Contact information for the DPO or other point of contact.

Likely consequences of the breach.

Steps taken to mitigate any possible adverse effects.

5.6. Documentation of the Breach

The DPO will maintain detailed records of the breach, including:

Description of the breach and its impact.

Actions taken to manage and mitigate the breach.

Justification for decisions made regarding notifications.

Any further actions taken to improve security and prevent future breaches.

6. Post-Breach Review and Remediation

Once the breach has been contained, the DPO will conduct a review to determine the root cause of the breach and recommend corrective actions.

The IT department will implement any technical improvements to enhance security and prevent future incidents.

Training and awareness initiatives will be reviewed and updated if necessary.

7. Training

All employees must complete regular data protection training that includes guidance on recognizing, reporting, and responding to data breaches.

8. Review and Updates

This procedure will be reviewed and updated annually or following any significant data breach incident.

9. Consequences of Non-Compliance

Failure to comply with this procedure may result in disciplinary action, up to and including termination of employment, depending on the severity of the breach and the individual’s responsibility for it.

Approved by: _Name and Title_ _Date_