<div dir="ltr"><div><div class="gmail_signature"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><a href="http://www.jdsupra.com/legalnews/ico-sets-the-record-straight-on-data-40914/">http://www.jdsupra.com/legalnews/ico-sets-the-record-straight-on-data-40914/</a></div><div dir="ltr"><br></div><div dir="ltr">The latest in the series of <a href="https://iconewsblog.org.uk/2017/09/05/gdpr-setting-the-record-straight-on-data-breach-reporting/">blogs</a>
from the UK Information Commissioner’s Office (ICO) looks at some of
the myths around data breach reporting under the General Data Protection
Regulation (GDPR). Given the misleading press stories on this topic,
the ICO’s blog should provide some welcome clarification for concerned
businesses as they prepare to comply with the GDPR.<br></div><div dir="ltr">
<p>
<strong>Myth 1: All personal data breaches will need to be reported to the ICO.</strong></p>
<p>
This is not correct. It will be mandatory to report a personal data
breach to the relevant supervisory authority under the GDPR <em>if it is likely to result in a risk to people’s rights and freedoms</em>. However, you don’t need to report the breach if this risk is unlikely.</p>
<p>
It is worth noting that where the breach is likely to result in a high
risk to people’s rights and freedoms, the organisation will also need
to report the breach to those affected individuals. The ICO has provided
some <a href="https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/breach-notification/">initial guidance</a>
on what it considers to be a high-risk situation. It states that “if
unaddressed such a breach is likely to have a significant detrimental
effect on individuals – for example, result in discrimination, damage to
reputation, financial loss, loss of confidentiality or any other
significant economic or social disadvantage”.</p>
<p>
The ICO has said that we can expect pan-European guidelines which will
assist in determining thresholds for reporting breaches. However,
businesses can start preparing now by looking at the types of incidents
their organisations are regularly faced with, and developing a sense of
what constitutes a serious incident, both in the context of their
organisation’s data and their customers.</p>
<p>
<strong>Myth 2: All details need to be provided as soon as a personal data breach occurs.</strong></p>
<p>
Again, this is not correct. Where a breach must be reported (as
discussed above), the GDPR includes a requirement to report without
undue delay and, where feasible, not later than 72 hours after having
become aware of the breach. Article 33 of the GDPR sets out the details
that must be provided when reporting breaches, and allows an
organisation to provide this information later if it doesn’t have all
the details available at that time.</p>
<p>
The ICO has confirmed that it does not expect to receive comprehensive
reports at the outset of an incident, but it will want to know the
potential scope and cause of the breach, planned mitigation actions, and
how the organisation plans to address the problem.</p>
<p>
<strong>Myth 3: If you don’t report in time, a fine will always be issued and the fines will be huge.</strong></p>
<p>
As explained by the ICO in a previous blog, any fines under the GDPR
will be proportionate and will not be issued in every case. The ICO has
said that fines can be avoided if organisations are open and honest, and
report without undue delay.</p>
<p>
<strong>Myth 4: Data breach reporting is all about punishing organisations.</strong><br>
The ICO stresses that this is not the case. It is about making
organisations better equipped to deal with security vulnerabilities. By
collecting and analysing information about breaches, it gives the public
trust and confidence in their regulator, while helping organisations
protect personal data and deter breaches.</p>
<p>
<strong>What next from the ICO?</strong></p>
<p>
The ICO is currently working as part of the Article 29 Working Party
to produce guidance on the new GDPR data breach reporting requirement.
They also plan to introduce a new phone reporting service, to sit
alongside a web reporting form, to report current personal data breaches
and future breaches under the GDPR.</p>
<p>
<strong>What should businesses be doing to prepare for breach reporting?</strong></p>
<p>
To confirm, all personal data breaches will be assessed under the
current Data Protection Act until 25 May 2018. In preparation for the
GDPR, businesses should start by looking at their existing internal
processes to check whether they are fit for purpose under the new
requirements. Given the tight timescales for reporting a breach, it will
be important to have robust procedures in place to detect breaches,
investigate, and report internally so that decisions can be made
promptly regarding notification to the relevant supervisory authority or
the public. Also needed will be an appropriate allocation of roles and
responsibilities internally, and staff will need to be properly trained
to understand exactly what constitutes a data breach.</p><br clear="all"><div><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><b><span style="font-size:10pt"></span></b><span style="font-size:10pt"></span><span style="font-family:arial,helvetica,sans-serif"></span><br><br></div></div></div></div></div></div></div></div></div></div></div></div></div></div>
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