When is a data breach ‘serious’?

In today's digital age, data breaches have become an unfortunate reality. Whether it's a small-scale incident or a major cyber-attack, the consequences can be severe for both businesses and individuals.

Understanding the seriousness of a data breach is crucial, so as to understand whether you need to notify individuals of a breach and in order to mitigate it.

This article aims to briefly set out how to evaluate the severity of a data breach, ensuring effective response measures are implemented.

In assessing the severity of a breach. The following should be considered:

1. Nature of the Data: Assess the type of data that has been breached. Is it sensitive personal information such as financial details, health records, or identification numbers? The more sensitive the data, the higher the risk to individuals.
2. Extent of the Breach: Consider how much data has been compromised. A breach affecting a large number of individuals may pose a greater risk than one affecting only a few.
3. Likelihood of Harm: Evaluate the likelihood that the breach will result in harm to the individuals whose data has been compromised. For example, if the breached information could be used for identity theft or fraud, the risk of harm is higher.
4. Potential Consequences: Consider the potential consequences for affected individuals if their data is misused. This could include financial loss, reputational damage, or other forms of harm.
5. Legal Requirements: The relevant data protection laws and regulations in your jurisdiction. Some laws require organisations to notify affected individuals of certain types of breaches, regardless of severity.
6. Internal Policies and Procedures: Refer to your organisation's internal policies and procedures for handling data breaches. These may outline specific criteria for determining when to advise data subjects.

The ENISA (European Union Agency for Cybersecurity) offers a methodology for assessing the impact of personal data breaches.

ENISA's methodology sets out a structured approach for assessing and responding to personal data breaches, which can be adapted to individual organisations, to help manage incidents and protect individuals' privacy and rights.

However, if in doubt, it is always best to seek guidance from legal counsel or regulatory authorities responsible for data protection in your jurisdiction.