If your company experiences a data breach involving personal data, you are required to notify the Information Commissioner’s Office (ICO) without undue delay, and where feasible, within 72 hours of becoming aware of the breach.
We can help you manage the process correctly and even liaise with the ICO on your behalf.
Are you aware that not all data breaches need to be reported to the ICO or enforcing body? It depends on the severity of the breach, the nature of the personal data and whether the data is encrypted or not.
Data Breaches include a hacker accessing your systems, a prolonged failure of database or server holding customer data, failure to respond to a SAR in a timely manner and even a member of staff accessing data that they are not authorised to.
Here is a general guide on how you should notify the ICO in the case of a data breach:
1. **Gather Information**: As soon as you become aware of the data breach, you should gather all relevant information about the incident. This includes details such as the nature and scope of the breach, the types of personal data affected, the number of individuals affected, and any potential consequences or risks associated with the breach.
2. **Assess the Risk**: Conduct a thorough risk assessment to determine the potential impact of the data breach on individuals’ rights and freedoms. Consider factors such as the sensitivity of the data involved, the likelihood of harm to affected individuals, and any measures that can be taken to mitigate the risks.
3. **Notify the ICO**: If the data breach is likely to result in a risk to individuals’ rights and freedoms, notify the ICO without undue delay, and where feasible, within 72 hours of becoming aware of the breach. The notification should be made using the ICO’s online reporting tool or by contacting the ICO directly (see the link at the top of this page).
4. **Provide Key Information**: When notifying the ICO of the data breach, provide key information about the incident, including:
– Description of the nature of the breach
– Types of personal data affected
– Number of individuals affected
– Potential consequences or risks to individuals
– Measures taken or proposed to mitigate the risks
– If your systems were hacked and or had unauthorised access, for how long and has it been rectified
– Contact information for the company’s Data Protection Officer (if applicable)
5. **Keep Records**: Keep detailed records of the data breach, including the date and time of discovery, actions taken in response to the breach, communications with affected individuals or regulatory authorities, and any remedial measures implemented to prevent future breaches. These records will be essential for demonstrating compliance with data protection laws and may be requested by the ICO during investigations.
6. **Notify Affected Individuals**: Depending on the severity of the data breach and the risks to individuals’ rights and freedoms, the company may also be required to notify affected individuals directly. This notification should be made without undue delay and should include information about the nature of the breach, the types of personal data affected, and any steps individuals can take to protect themselves from potential harm.
7. **Cooperate with the ICO**: Cooperate fully with the ICO’s investigation into the data breach, providing any additional information or assistance requested by the ICO. Failure to cooperate with the ICO’s investigation could result in further regulatory action or penalties.
By following these steps, you can fulfil your legal obligations to notify the ICO of a data breach promptly and effectively, helping to protect individuals’ rights and ensure compliance with data protection laws.
