What Is a Personal Data Breach?
A personal data breach under the GDPR occurs when there is an accidental or unlawful breach of security leading to the destruction, loss, alteration, unauthorised disclosure, or access to personal data. These breaches can take several forms:
- Confidentiality Breach - Personal data is accessed or disclosed without authorisation, such as sending sensitive information to the wrong recipient.
- Availability Breach - Personal data becomes inaccessible or is destroyed accidentally or unlawfully, for example, losing a device containing unencrypted data.
- Integrity Breach - Personal data is altered without authorisation, whether intentionally or by mistake, compromising its accuracy or completeness.
Breaches may involve one or more of these types, depending on the incident.
Your Legal Obligations Under GDPR
When a personal data breach poses a risk to the rights and freedoms of individuals the GDPR requires that you notify the relevant supervisory authority without undue delay and, where feasible, no later than 72 hours after becoming aware of the breach. For organisations operating in Malta, this means notifying the Information and Data Protection Commissioner (IDPC). If notification is delayed beyond this period, you must provide a valid explanation for the delay. The notification must include:
- The nature and scope of the breach, including categories and approximate numbers of data subjects and records affected.
- Contact details for your Data Protection Officer (DPO) or representative.
- The likely consequences for the affected individuals.
- The measures taken or planned to address and mitigate the breach.
If full details are not yet available, they can be provided in stages, but you must minimise delays.
Internal Reporting and the Role of the DPO
Employees must report suspected or confirmed breaches immediately to the Data Protection Officer (DPO) or any Data Protection Representative (DPR). The DPO will then:
- Assess the breach's severity and potential impact.
- Coordinate an internal investigation and collect relevant evidence.
- Decide whether the breach requires formal notification to authorities and/or communication to affected individuals.
- Ensure all reporting deadlines and documentation requirements are met.
Prompt reporting enables faster containment and regulatory compliance.
Documenting Every Incident
All personal data breaches, regardless of whether they require external notification, must be recorded internally. Your documentation should include:
- Detailed facts about the breach.
- The impact on data subjects.
- Actions taken to remediate the breach and prevent recurrence.
This record supports accountability and ongoing improvements to data protection controls.
Reducing the Risk of Breaches
To minimise breaches, organisations should:
- Verify recipients and attachments carefully before sending emails.
- Avoid relying solely on autofill or auto-suggest features.
- Enable email features such as "Undo Send" where possible.
- Provide ongoing data protection training to all staff.
- Implement strong technical safeguards on devices and systems.
The Importance of Timely Action and Accountability
The GDPR stresses the need for organisations to act promptly and take responsibility when breaches occur. Every employee should know how to recognise and escalate incidents without delay. Early internal reporting and coordinated response not only reduce harm but also demonstrate compliance to regulators.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
