Policies, Procedures & Documents

Data Breach Policy

GDPR defines a personal data breach as “a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.  Examples include:

Access by an unauthorised third party

Deliberate or accidental action (or inaction) by a controller or processor

Sending personal data to an incorrect recipient

Computing devices containing personal data being lost or stolen

Alteration of personal data without permission

Loss of availability of personal data

Gedney Hill Parish Council takes the security of personal data seriously, computers are password protected and hard copy files are kept in locked cabinets.

CONSEQUENCES OF A PERSONAL DATA

A breach of personal data may result in a loss of control of personal data, discrimination, identity theft or fraud, financial loss, damage to reputation, loss of confidentiality of personal data, damage to property or social disadvantage.  Therefore a breach, depending on the circumstances of the breach, can have a range of effects on individuals.

GEDNEY HILL PARISH COUNCIL’S DUTY TO REPORT A BREACH

If the data breach is likely to result in a risk to the rights and freedoms of the individual, the breach must be reported to the individual, Parish Councillors and Information Commissioner’s Office (ICO) without undue delay and, where feasible, not later than 72 hours after having become aware of the breach.

If the ICO is not informed within 72 hours, Gedney Hill Parish Council must give reasons for the delay when they report the breach.

When notifying the ICO of a breach, Gedney Hill Parish Council must:

Describe the nature of the breach including the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned

Describe the likely consequences of the breach

Describe the measures taken or proposed to be taken to address the personal data breach including, measures to mitigate its possible adverse effects.

When notifying the individual affected by the breach, Gedney Hill Parish Council must provide the individual with (i)-(iii) above.

Gedney Hill Parish Council would not need to communicate with an individual if the following applies:

It has implemented appropriate technical and organisational measures (i.e.encryption) so those measures have rendered the personal data unintelligible to any person not authorised to access it;

It has taken subsequent measures to ensure that the high risk to rights and freedoms of individuals is no longer likely to materialise, or

It would involve a disproportionate effort

However, the ICO must still be informed even if the above measures are in place.

DATA PROCESSORS DUTY TO INFORM GEDNEY HILL PARISH COUNCIL

If a data processor becomes aware of a personal data breach, it must notify Gedney Hill Parish Council without undue delay.  It is then Gedney Hill Parish Council’s responsibility to inform the ICO, it is not the data processors responsibility to notify the ICO.

RECORDS OF DATA BREACHES

All data breaches must be recorded whether or not they are reported to individuals.  This record will help to identify system failures and should be used as a way to improve the security of personal data.

RECORD OF DATA BREACHES

To report a data breach use the ICO online system:

https://ico.org.uk/for-organisations/report-a-breach/

Reviewing the policy

In line with the Gedney Hill Parish Council Standing Orders, all Policies will be reviewed on a 12 monthly basis for applicability in line with changes in current legislation and requirements of the council.

All policies therefore, will be reviewed and adopted at the Annual Meeting irrespective of the date on which they were initially written.

This Policy was reviewed and adopted at a meeting held on………………..