About

As well as providing training and a GDPR Toolkit (details below) I also provide extended support to people who have attended training, bought the toolkit, or just need some friendly guidance. The GDPR Toolkit can be found here http://www.adaptconsultingcompany.com/gdprtoolkit/ Jersey Business as supporting the GDPR Training and they can be found at https://www.jerseybusiness.je/get-advice/it-office-systems/data-protection-small-business/

Friday 26 January 2018

Breach policy templates or breach notification contracts



QUESTION

Have you come across any breach policy templates or breach notification contracts with suppliers and processors that are simple and straightforward by any chance?

SHORT ANSWER

No

LONG ANSWER

This is a really great question. There are a number of samples and template available on-line and a number of businesses who offer consultancy and support. In the links section below I have included some potential documents.

However whilst these can be a good starting point be aware of the following.

It is really important to write something that reflects the way your organisation works. Moreover the type of breach, circumstances, data and impact will necessitate very different content. Consider the following as examples…

Scenario 1 The loss of an encrypted + password protected laptop that had the name and address of all your members.

Scenario 2 The hacking of your Cloud-IT provider, with the result that all their customer data (including yours) is now available on-line to any criminal or hacker. This is made worse by the fact that your data was not encrypted and included financial, banking and medical details and you never did any checks on the Cloud-IT provider before you put the data there.

I understand the Jersey Information Commission Office is looking to develop a system that you can update and which then notifies all the appropriate agencies, including the JFSC in the case of Financial Institutions. My understanding is that this is still ”on the drawing board” but it will be useful to the Information Commission  Office to be able to receive breach notification quickly and efficiently and in a standard format. Especially given the 72 hour deadline.



BREACH NOTICE PROCESS

I recommend any organisation to start first with a data-mapping exercise to understand the step-by-step process and who does what, when, where, how and why.

If having completed the step-by-step process you note any risks or if the data is “special category data” [race; ethnic origin; politics; religion; trade union membership; genetics; biometrics; health; sex life; or sexual orientation].

If necessary you should do a risk assessment (Data Processing Impact Assessment DPIA) on the possible implications for the data-subject and the measures necessary to protect them

When you have all this information then you have the basic information needed to answer a subject-access-request “…what information do you hold about me and why…” and also compete a breach notification to the regulator or data-subject “…we have lost personal data, these are the implications, and this is what we are doing…”

It is sensible to have a rehearsed process and some pre-prepared statements but as you may appreciate the format and content may vary significantly depending on circumstances.

BREACH NOTICE GUIDANCE
You must report a notifiable breach to the ICO without undue delay, but not later than 72 hours after becoming aware of it. If you take longer than this, you must give reasons for the delay.
When reporting a breach, the GDPR says you must provide:
  • a description of the nature of the personal data breach including, where possible:
    • the categories and approximate number of individuals concerned; and
    • the categories and approximate number of personal data records concerned;
  • the name and contact details of the data protection officer (if your organisation has one) or other contact point where more information can be obtained;
  • a description of the likely consequences of the personal data breach; and
  • a description of the measures taken, or proposed to be taken, to deal with the personal data breach, including, where appropriate, the measures taken to mitigate any possible adverse effects.
Note that if the information is unintelligible (example encrypted) then you only have to tell the regulator. If however personal data has leaked and is legible or usable then you have to tell your data-subject (eg staff, customer supplier etc.)

PROCESSOR CONTRACTS + BREACH NOTICE

If you receive data from another organisation and processes it on their behalf, or your give data to another organisation and they processes it on your behalf you should have a contract that clearly explains responsibilities, roles, goals and controls.

Controller and processor contracts checklist
the subject matter and duration of the processing;
the nature and purpose of the processing;
the type of personal data and categories of data subject;
the obligations and rights of the controller.

Contracts include the following terms:
the processor must only act on the written instructions
the processor must ensure duty of confidence;
the processor must ensure the security of processing;
the processor must only engage a sub-processor with the prior consent of the data controller
the processor must assist on subject access
the processor must assist on data breaches and DPIA
the processor must delete or return all personal data
the processor must submit to audits and inspections,

It would be prudent that this includes rehearsed process and some pre-prepared statements so that both organisations can be co-ordinated and meet the 72 hour deadline for breach notifications.

LINKS

Breach Notification under existing Data Protection Act

Breach Notification form for existing Data Protection Act

GDPR Personal data breaches

Contracts and liabilities between controllers and processors

GDPR ADVICE FOR LOCAL CHARITIES AND NOT-FOR-PROFIT

I am working with Jersey Community Partnership and Association of Jersey Charities to possibly set-up a presentation / workshop to talk about GDPR for local Charities and Not-for-Profit.

In the meantime, for January, I have proposed a useful approach to help local charities might be if organisations pick a question or topic and I offer general advice on best approach which we can publish and share with other charities and not-for-profit organisations.

You can email with your question or topic at timhjrogers@gmail.com

CONTACT

TimHJRogers@AdaptConsultingCompany.Com
+447797762051 Skype: timhjrogers TimHJRogers@gmail.com


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