Personal data breach, examples of data breach, claim for GDPR breach, liability, categories, prevention of data breach

 


Personal data breach

A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes.


A data breach is the intentional or unintentional release of secure or private/confidential information to an untrusted environment. Other terms for this phenomenon include unintentional information disclosure, data leak, information leakage, and also data spill.

What is considered personal data?

Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which are collected together can lead to the identification of a particular person, and also constitute personal data.

Examples:

Loss or theft of hard copy notes, USB derive, computers or mobile devices, an unauthorized person gaining access to your laptop, email account, or computer network. Sending an email with personal data to the wrong person.

Personal data breach GDPR

In the GDPR text, a personal data breach is defined as a breach of security that leads to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Companies can be fined for GDPR violations on one of two levels:

i. Individuals can also face fines for GDPR violations if they use other parties' personal data for anything other than personal purposes.

Who is liable for a GDPR breach?

Although the General Data Protection Act (GDPR) does not provide for a director’s personal liability where a company commits a data breach, by section 198 DPA, personal liability arises where an offense has been committed by the company and it is proved to have been committed with the consent or connivance of or to be.

Claim for GDPR

Under DPA and GDPR, you are entitled to file a data breach claim up to £2,000 or more in data breach compensation if:

Your personal data has been leaked, disclosed, lost, misused or hacked, or corrupted. It does not matter if you suffered economic loss, you still can make a claim.

Categories of a personal data breach

i.  Confidentiality breach:

Where there is an unauthorized or accidental disclosure of or access to personal data.

Example:

If a freelancer works for a number of clients in the same industry and accidentally emails confidential business information to the wrong client.

If there is sensitive information on the laptop and the laptop is stolen.

A breach of confidentially is especially significant in the medical field, the legal profession, the military, or matters of state security. It is a common-law offense, meaning it can be brought as a civil lawsuit against the person who broke the agreement.


ii.  Availability breach :

Where there is an accidental or loss of access to or destruction of personal data

iii.  Integrity breach:

Where there is an unauthorized or accidental alteration of personal data.

Type of information is the most frequently exposed in a data breach:

Common data breach exposers include personal information, such as credit card numbers, Social Security numbers, and healthcare histories, as well as corporate information, such as customer lists, manufacturing processes, and software source code.

 How do prevent data breaches?

1.  Create complex passwords. Use different ones for each account, and change your passwords if a company you’ve recently interacted with gets hacked.

2.  Use multi-factor authentication when available

3.  Shop with a credit card

4.  Watch for fraud

5.  Guard against identity theft

6.  Set up an account alerts

7.  Keep only what you need. Inventory type and quantity of information in your files and on your computer.

8.  Destroy before disposal

9.  Update procedure

10.  Control computer usage

11.  Keep security Software up-to-date 

law and learning by Nasra ikram

I am an attorney in Pakistan, Practicing law since 2009 and M.A Political Science. I’m a dedicated and experienced lawyer offering my services to assist clients with drafting contracts, agreements, Will, Deed, Cease and Desist letter and others with understanding of complexities of legal requirements, intellectual property, review documents and legal consultation on all types of litigations i.e. Family, Civil, Banking and others I'm also freelancer at Upwork and Fiverr My others skills are: I. Content Writing II. Website Development III. Graphic Designing IV. Virtual Assistance V. Ecommerce VI. WordPress VII. Video Editing VIII. Autocade I'm also tutor and teaches LLB all subjects.

Post a Comment

Previous Post Next Post