Data Governance Atlas UK edition

Breach notification decision

Decision tool Data protection

Decide who must be told about a personal data breach, and by when.

    Has a security incident led to personal data being lost, altered, disclosed, accessed or made unavailable?

    Not a personal data breach

    Log the incident in your security records. If personal data turns out to be affected, start again: the clock runs from awareness.

    Basis: UK GDPR Art 4(12)

    Are you a provider of a public electronic communications service?

    PECR notification as well

    Notify the Information Commission under PECR within 72 hours of becoming aware of the essential facts, and subscribers where the breach is likely to adversely affect them. Then also work through the UK GDPR route.

    Basis: PECR reg 5A

    Is the breach unlikely to result in a risk to people's rights and freedoms?

    Record only

    Record the breach and your reasoning in the breach register. No notification needed.

    Basis: UK GDPR Art 33(1) and (5)

    Is the risk to people likely to be high?

    Notify the Information Commission within 72 hours

    Notify without undue delay and, where feasible, within 72 hours of awareness. Individuals need not be told.

    Basis: UK GDPR Art 33

    Notify the regulator and the people affected

    Regulator within 72 hours of awareness; the people affected without undue delay, in clear language, unless an Art 34(3) exception applies. Preserve all records: destroying them after a subject access request is an offence (DPA 2018 s.173).

    Basis: UK GDPR Arts 33 and 34; DPA 2018 s.173

    Sources