Communication of a personal data breach to the data subject

A personal data breach must be reported to the supervisory authority if the breach may pose a risk to data subjects rights and freedoms. Data subjects, on the other hand, must be informed if the breach is likely to pose a high risk to their rights and freedoms. For example, registrants may take steps to reduce the adverse effect (e.g. by closing their credit card).

The notification must include the following information:

• a clear description of the personal data breach
• the name and contact details of the data protection officer or other contact point from which further information can be obtained
• the likely consequences of the personal data breach
• the measures proposed or already taken by the controller; where appropriate, measures to mitigate possible adverse effects.

The controller must assess the risk of the personal data breach to the data subjects. The assessment must take into account, for example, the following:

• How likely is it that the data will be used to cause harm?
• What harm could the data be used for (e.g. identity theft, fraud, psychological distress, humiliation or reputational damage)?
• Nature, sensitivity and amount of personal data
• How easy it is to identify the registrant using the data?
• Are there many children or otherwise vulnerable people among the registrants?

The risk assessment affects the urgency and scope of reporting a breach.