UK GDPR: Data Breach Notification (Articles 33-34)
Data Breach Notification [Arts 33-34]
Citation: Article 33 (Art 33), UK GDPR
Rule: Report breaches to ICO within 72 hours unless unlikely to result in risk.
To ICO [Art 33]:
72-hour deadline {#72-hours}
- Within 72 hours of becoming aware
- Unless unlikely to result in risk to individuals
- Document all breaches (even if not reported)
To individuals [Art 34]:
- Without undue delay
- If high risk to their rights and freedoms
Source Text
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 Commissioner, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
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.
The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken.