SDAIA PDPL Series Part 1: Personal Data Breach Incidents -The Three-Stage Response Framework

The PDPL defines personal data breaches broadly to include any incident involving unauthorized access to personal data. This definition also covers unauthorized disclosure, destruction, or alteration of such information. This definition covers both intentional attacks such as ransomware or hacking attempts. It also includes accidental incidents like misdirected emails or unintentional data exposure.

Unlike some international frameworks that impose materiality thresholds, the PDPL requires organizations to report all incidents that may harm personal data or data subjects, regardless of scale. This comprehensive approach ensures that even seemingly minor incidents receive appropriate attention and response measures.

The Three-Stage Response Framework

Stage One: SDAIA Notification Requirements

Organizations must notify SDAIA within 72 hours of discovering any breach incident that could compromise personal data or violate the rights and interests of data subjects. This notification requirement complements any reporting obligations to the National Cybersecurity Authority (NCA) under separate cybersecurity regulations.

The notification process is carried out through the National Data Governance Platform, which requires registration before organizations can access the breach reporting service. Controllers are responsible for preparing detailed incident reports that include several essential elements.

Incident Description: Complete details about the breach, including precise timing and date of occurrence. The report must specify the method by which the breach happened and when the organization first became aware of the incident.

Affected Data Categories: Information about data subject categories and actual or estimated numbers of affected individuals. Organizations must also specify the types and nature of compromised personal data.

Risk Assessment: Detailed analysis of risks arising from the breach, including actual or potential consequences for both personal data and affected individuals. Organizations must document immediate remedial actions taken to prevent, mitigate, or minimize identified risks.

Future Prevention Measures: Identification of appropriate measures the organization will implement to prevent similar incidents from recurring.

Data Subject Notification Status: A Clear indication of whether affected individuals have been notified or will be notified. This section must reference the requirements outlined in the containment stage.

Contact Information: Details for the controller and designated Data Protection Officer (if appointed). Organizations must also provide information for other knowledgeable personnel who can provide additional information about the reported incident.

Stage Two: Breach Incident Containment

The containment stage requires organizations to implement response procedures aligned with international best practices and relevant regulatory requirements. This stage focuses on immediate damage control and risk mitigation through specific measures:

Data Assessment: Organizations must identify the type and quantity of compromised personal data. They must pay particular attention to data categories that can be modified, such as email addresses, passwords, confidential inquiries, or credit card numbers.

Immediate Security Actions: When compromised data can be changed (passwords, access credentials), organizations must take prompt action to modify this information, reducing ongoing exposure risks.

Individual Impact Analysis: Controllers must identify specific individuals affected by the breach based on the types of personal data compromised.

Data Subject Notification: Organizations must notify affected individuals without undue delay if the breach results in damage to their data or conflicts with their rights and interests. This requirement applies to scenarios involving damage to data subject rights. It also covers physical harm risks such as stalking or assault, and economic damage including fraud or identity theft.

Notification Methods and Content

The PDPL provides flexibility in notification methods, allowing organizations to use appropriate communication channels based on data subjects’ preferred contact methods. These may include text messages or email communications.

For breaches affecting large populations at the national level, organizations may utilize broader notification channels such as company websites or official social media accounts. Traditional media outlets may also be used, provided the content meets all legal requirements.

All data subject notifications must be clear and simple, containing specific required information:

• Detailed explanation of the breach incident
• Description of potential risks and measures taken to prevent, avoid, or mitigate consequences
• Controller’s name and contact details, plus Data Protection Officer information (if applicable)
• Practical guidelines and advice to help affected individuals take appropriate protective actions against potential risks

Stage Three: Documentation and Learning

The final stage requires organizations to maintain comprehensive records of all breach-related activities. Controllers must retain copies of documents submitted to SDAIA and detailed records of corrective actions taken. They must also maintain any other relevant documentation related to the incident.

This documentation serves multiple purposes: demonstrating compliance with regulatory requirements and providing evidence of appropriate response measures. It also creates valuable lessons for future incident prevention. Organizations must use these documented experiences to improve their data protection practices and prevent similar incidents from occurring.