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Data breaches

A A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. is a Also known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. A violation of a legal or moral obligation. which leads to the unauthorised destruction, loss, alteration, disclosure of or access to Any information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual., whether accidental or deliberate. This section will help you to understand what a A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. involves and what your legal obligations are for responding to one. It includes guidance about the practical steps you should take to contain a A violation of a legal or moral obligation. , whether you need to notify affected individuals and when and how you must notify the Information Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals..

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Explaining personal data breaches

  1. 1.What is a personal data breach?

Obligations when a data breach occurs

  1. 2.What should I do if I become aware a personal data breach may have occurred?
  2. 3.What practical steps can I take to contain the breach and recover the personal data?
  3. 4.How can I identify whether personal data is affected by the breach?
  4. 5.How do I know whether I am a data processor or a data controller?
  5. 6.How do I assess the potential risk a personal data breach carries to individuals?
  6. 7.When do I notify the ICO of the personal data breach?
  7. 8.How do I notify the ICO of the personal data breach?
  8. 9.Does Brexit mean I have to notify any other authorities about personal data breaches?
  9. 10.When do I notify the individuals whose data has been affected about a personal data breach?
  10. 11.How do I notify the individuals whose data has been affected about a personal data breach?
  11. 12.Do I need to keep a record of the breach?

Failing to notify or record a personal data breach

  1. 13.What happens if I fail to take action after a personal data breach occurs?

Obligations when a data breach occurred before 25 May 2018

  1. 14.What should I do if I become aware a data breach may have occurred before 25 May 2018?

Checklist for responding to a data breach

This checklist for responding to a data breach takes you through the steps you should take once you become aware of a personal data breach in your business (where personal data has been accidentally or illegally destroyed, lost, stolen or disclosed). This checklist includes the steps that you are legally required to take, depending on the circumstances of the breach. Failure to take the necessary steps after a personal data breach can result in very serious consequences, including significant fines.
Free

Notice of a personal data breach (affected individuals)

This template Notice of a personal data breach (affected individuals) will allow you to produce a letter to send to any individuals who have been affected by a personal data breach in your business, where their personal data has been accidentally or illegally destroyed, lost or disclosed. You have a legal requirement to inform affected individuals where the breach carries a high risk to their rights and freedoms. In the most serious cases, failure to notify the affected individuals of a personal data breach can result in a significant fine. You can also purchase this document as part of the Data breach toolkit .
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