The concept of personal data breaches was not introduced by the GDPR, but the GDPR contains a number of provisions relating to personal data breaches that data controllers (and processors) must also be aware of.
What is a personal data breach?
The concept of personal data breaches is closely linked to the principle of the integrity and confidentiality of personal data (Article 5 (1) (f) of the GDPR): "personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).”
Personal data breaches are essentially breaches of the integrity and confidentiality of personal data.
According to the definition in the GDPR, a „personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.”
Therefore, a wide variety of personal data breaches may occur, such as losing a laptop that contains personal data, attacking an IT system, or even sending a letter or an email to a false address.
The Article 29 Working Party (WP29), in its Opinion issued in 2014 (Opinion No. 03/2014), also presents a number of practical examples of what is considered to be a personal data breach and the consequences it may have. (NB, the opinion was issued with regard to the Directive on privacy and electronic communications, i.e. Directive 2002/58/EC; however, it provides useful assistance in connection with the preparation for the GDPR as well.)