What regulators demanding from organizations?
According to Article 33 – EU GDPR – “Notification of a personal data breach to the supervisory authority”;
- In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
- The processor shall notify the controller without undue delay after becoming aware of a personal data breach.
- The notification referred to in paragraph 1 shall at least:
(a) describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
(b) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
(c) describe the likely consequences of the personal data breach;
(d) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
- Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.
- The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.
Pre and Post Breach Notification Timeline
Organizations need to get prepared to address the pre and post breach notification by developing capabilites that includes
a. Breach response playbook
b. Incident response expertise
c. Rapid response and investigation at scale
Organizations need to establish relationship with trusted partner if they dont have internal expertise to leverage the experience, actionable intelligence, and combination of purpose built technology components such as threat intelligence
The designated controller (data protection officer) should made aware of the breach if occurs. The controller should then assess and prioritize the breach and risk to individuals and organizations to validate that – Is the breach likely to result in a risk to individuals rights and freedom. The security operations team alongside with other stakeholders should continue to perform tasks that helps mitigate the potential risks. The controller need to gather all required details and action plan and to involve the key internal stakeholders to prepare for the breach report readiness. The controller should communicate the impact to supervisory authorities, media and individuals and action plan in progress. (also read – unpatched vulnerabilities)
The sample business data breach form for newyork state security available here
Unless organization has not prepared for data breach – it’s impossible to achieve the timeline of 72 hours notification and but them in risk in front of regulatory bodies.