A faulty server being down for an extended period could potentially be considered a breach of the GDPR if it leads to a loss of control over personal data or if it compromises the security or availability of that data.
Here’s how:
1. **Loss of Control:** If the faulty server contains personal data and its downtime results in a loss of control over that data (e.g., unauthorised access, loss, or corruption), it could constitute a breach under the GDPR. This loss of control violates the GDPR’s principles of data protection, including the requirement to process personal data securely and protect it against accidental loss or destruction.
2. **Impact on Data Subjects:** Extended downtime of a server could impact data subjects’ rights and freedoms. For example, if the server outage prevents individuals from accessing their personal data or exercising their rights under the GDPR (such as the right to access, rectify, or erase their data), it could be deemed a breach. Data subjects have the right to expect timely and uninterrupted access to their personal data, and any disruption to this access could constitute a breach under the GDPR.
3. **Notification Requirements:** If the server downtime meets the criteria for a personal data breach under the GDPR (e.g., it poses a risk to the rights and freedoms of individuals), the data controller is typically required to report the breach to the relevant supervisory authority without undue delay and, in certain cases, notify affected data subjects. Failure to report such a breach could lead to additional penalties under the GDPR.
