Personal data breach meaning

Existence and validity of trusts Provincial Equity Finance Ltd v Dines (née Breda) [2023] EWHC 103 (Ch) News Analysis: A literary epigraph—‘By prosperous voyages I often made… and the great care of goods at random left’—introduces a consideration of resulting trusts and the scope of express trusts. The decision underscores the practical obstacles in proving a resulting trust where a disorganised deceased ran bank accounts for mixed ends, and confirms that an express trust can override the presumption of a resulting trust even if the contributor of funds is not a party to the express trust. Author: Nicholas Holland, McDermott Will & Emery UK LLP Jurisdiction: England & Wales Attorney General v Zedra Fiduciary Services (UK) Ltd and others [2022] EWHC 102 (Ch) News Analysis: The court sanctioned a cy près scheme for a £600m charitable trust to be used towards reducing the National Debt, addressing the suitable application of the National Fund. The judgment considers...

Flowchart This Flowchart outlines the key questions for deciding international jurisdiction in employment matters—namely, the appropriate forum for bringing proceedings and identifying the court and/or tribunal competent to hear the claim—applicable to proceedings commenced on or after 1 January 2021. For additional guidance on jurisdiction in employment disputes from 1 January 2021 onwards, consult Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases as set out therein...

This flowchart shows how to handle a data protection incident (including a cyber security incident) in line with the UK General Data Protection Regulation (UK GDPR). It mirrors the UK GDPR’s rules on reporting and recording personal data breaches, alongside the Information Commissioner’s Office (ICO) guidance on breach management. It charts the end-to-end breach lifecycle, offering direction and links to the relevant precedents for each step of the process. See Precedents: Personal data breach plan, Data breach report form—internal and Data breach assessment and action plan, which steer you through every stage of this workflow. Note 1—assemble data breach team The initial action is to bring together your data breach team. Decide who in the organisation is best positioned to respond promptly to the incident and who should support the ensuing enquiry. This typically calls for contributions from specialists across the business, including IT, HR and compliance/legal, and may, in some instances, involve engagement with external stakeholders and suppliers. The Precedent: Personal data breach plan urges you to...

The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) Is directly applicable and fully enforceable across EU and EEA states. This Flowchart centres on personal data breach notification under the EU GDPR...

According to the Department for Business and Trade, a former Insolvency Service employee, who remains anonymous, supplied The Times, the Financial Times and Sky News in November 2023 with confidential details about the agency’s plan to seek director disqualification against Greensill. The government’s High Court defence, dated 29 April 2024 and now public, asserts this constituted unlawful processing of the Australian businessman’s personal data under the UK GDPR, together with a breach of confidence and misuse of private information. However, the government rejected the contention that the disclosures caused Greensill “significant anxiety and distress”. By then, the department argued, the ex-Citigroup and Morgan Stanley banker’s standing as a businessman was “already significantly, if not irreparably, damaged”. Greensill issued proceedings against the government in March 2024, seeking damages and compensation, contending that the Insolvency Service’s investigation was “an obviously confidential and private process”. He alleges the staff member, referred to only as X, infringed his privacy by tipping off the media about the scope and key areas of focus in the...

In this issue: Data protection Reputation management Public sector information LexTalk®Information Law: a Lexis®Nexis community Daily and weekly news alerts Data protection ICO issues reprimand to the Electoral Commission following 2021 cyberattacks The Information Commissioner’s Office (ICO) has reprimanded the Electoral Commission under Article 58(2)(b) of the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), following an August 2021 breach. Attackers gained entry to the Commission’s Microsoft Exchange Server holding personal data for about 40 million people. Their unauthorised access continued until October 2022, with repeated intrusions unnoticed due to inadequate security, including failure to apply the latest security updates and weak password policies. See: LNB News 31/07/2024 92. European Commission releases 2nd report on EU GDPR application On 25 July 2024, the European Commission published its second report on the application of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR)...

In this issue: Data protection Daily and weekly news alerts New and updated content Information Law Highlights 2024/2025 Data protection ICO publishes report on data protection in generative AI, calls for transparency The Information Commissioner’s Office (ICO) has issued a report on data protection in generative artificial intelligence (AI), following a consultation that opened in January 2024 which drew over 200 responses. The ICO has clarified its stance on the lawful basis for web-scraped data and embedding individuals’ rights within AI models. See: LNB News 13/12/2024 51. EDPB issues opinion on AI models’ compliance with EU GDPR principles The European Data Protection Board (EDPB) has approved an opinion regarding the use of personal data in AI model development and deployment...

Data security sits at the heart of the EU General Data Protection Regulation (EU GDPR). The sixth data protection principle—integrity and confidentiality—requires you to adopt suitable technical and organisational measures so that personal data is processed with appropriate security, including: protection against unauthorised or unlawful processing accidental loss, destruction, or damage This Practice Note reflects Data Protection Commission (DPC) guidance on personal data breaches under the EU GDPR, and also draws on guidance from the European Data Protection Board (EDPB). Data security requirements Article 32 puts practical detail behind the GDPR’s integrity and confidentiality principle. You must implement appropriate technical and organisational measures to achieve a level of security proportionate to the risk, taking into account: the nature, scope, context, and purpose of processing the risk of varying likelihood and severity for the rights and freedoms of data subjects Where appropriate, your security measures should include: the pseudonymisation and encryption of...

Data security sits at the heart of the UK General Data Protection Regulation (UK GDPR). The sixth data protection principle — integrity and confidentiality — obliges you to implement suitable technical and organisational steps so that personal data is handled with appropriate safeguards and security when processed, including: protection against unauthorised or unlawful processing accidental loss, destruction or damage This Practice Note draws on ICO guidance regarding personal data breaches under the UK GDPR. It also incorporates further practical pointers and information drawn from ICO guidance on managing data security breaches issued under the previous data protection regime; that guidance has now been withdrawn. The Practice Note additionally aligns with materials from the European Data Protection Board (EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be relevant. Data security requirements Article 32 expands upon the GDPR’s integrity and confidentiality principle by setting out further detail...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

Within this precedent, the following extra defined terms are used: ‘Agreement’, ‘Business Day’, ‘Charges’, ‘Customer’, ‘Services’, ‘Supplier’ and ‘Supplier Personnel’. They are not specific to data processing and are assumed defined separately in the relevant agreement...

Letter notifying data subject of data breach under the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 [ Data subject’s name and address ] [ Date ] Dear [ insert name ], Notification of data breach On [ insert date ] we identified that [ what has occurred, ie a personal data breach (including whether an unauthorised third party was involved) ]. [ We believe that the OR The ] incident is understood to have taken place on [ insert date ]. Our enquiries [ to date ] indicate that the data [ was accessed by an unauthorised person OR was disclosed without authorisation OR was stolen OR was lost OR was destroyed OR was altered ] [ may have ] comprised personal information, for example [ describe the data and, if possible, confirm whether you consider the recipient’s data to have been affected, eg the names and addresses ]...

This precedent applies to arrangements between a processor and sub-processor, and presumes the customer (acting as the original processor) intends to pass through terms settled with a controller, by reference to Precedent: Personal data processing schedule—pro-customer—UK GDPR and EU GDPR. For a list of precedent provisions for use between a controller and processor, see: List of data protection clauses and agreements for commercial transactions and personal data processing and sharing. This precedent also employs the additional defined terms ‘Agreement’, ‘Business Day’, ‘Customer’, ‘Services’, ‘Supplier’ and ‘Supplier Personnel’, which are unlikely to be unique to this schedule and are assumed to be defined elsewhere within the relevant agreement...