![]() Also, a number of countries, the Netherlands among them, currently have breach notification obligations. It has been part of the ePrivacy Directive for some time now, meaning that telecommunications companies in the EU already deal with this on a daily basis. This is the case unless you can establish that the breach has caused no actual risks for the data subjects or other individuals.Īlthough new in the GDPR, this breach notification requirement is a well-known mechanism. New in the GDPR is the notion of breach notification: in case (preventive) security measures are breached and personal data is unlawfully processed, the controller must report such a breach to the supervisory authority within 72 hours, and possibly to affected data subjects as well. This also means processors can be addressed directly by the supervisory authorities when their security fails and are no longer shielded by the controllers.ġThe GDPR defines pseudonymisation as “the processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information.” The processor now has an obligation to apply proper security measures independent of the controller. The processor is addressed as well in the security articles of the GDPR. Third, security is no longer the responsibility of the controller alone.Further, disaster recovery and having processes in place to regularly assess the state of your security measures are also suggestions given. Pseudonymisation 1and encryption of personal data are suggested as good security measures, as is the fact that security is about the Confidentiality – Integrity – Availability-triad and about being resilient to disruptions. Second, the GDPR gives a number of examples of security measures. ![]() Security risk assessments regarding personal data should at least consider the impact of security failures on the individual – all the rest is optional. You can of course include the latter, but including the former is a must. First, there is the notion that you should asses the risks for the rights and freedoms of natural persons, and not, say, the financial risks your organisation might face when the security of personal data gets compromised.There are however some aspects to take into account. Nothing new there, and by the way: proper information security has always been that way. Security is again described as a risk management process: you should first assess the risk, then look at what is possible in terms of security, and after having balanced risk versus costs, define your security measures. The basic description of how to do so is unchanged compared to the definition in the Directive. Under the regime of the GDPR you still have to make sure that you properly secure the personal data you process. Taking a closer look at Chapter IV, Section 2 of the GDPR, what does it actually say? 17), and it has been extended with breach notification obligations. ![]() Security is now described in three articles (art. ![]() Now in the General Data Protection Regulation (GDPR) the security section has been much extended when compared to its predecessor, the Data Protection Directive. Security these days means you are able to prevent your digital assets from being compromised, but also able to detect when something threatens them and able to respond to incidents to bring the situation back to normal. We now know from modern security thinking that taking only preventive measures (like firewalls and passwords) are no longer enough nor efficient. Once upon a time, security meant that you had a firewall to keep the bad guys out, and that every user had a password of no less than six characters to make sure their accounts could not be compromised.
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