Handling Personal Data Breaches: Best Practice Tips for Employers

9th December 2024

Employment law, Newbury, Berkshire.

Employers manage vast amounts of sensitive personal information and are legally obliged under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) to ensure its security. Often, this responsibility falls on HR teams, who must safeguard data while being prepared to respond promptly and effectively if a breach occurs. 

 

What is a Personal Data Breach? 

A personal data breach happens when data is destroyed, lost, altered, or disclosed without authorisation. These breaches can stem from simple mistakes, such as sending an email to the wrong recipient or more severe incidents like phishing attacks or hacking. Even verbal errors, such as confidential information being overheard, count as breaches. 

 

Why It's Crucial to Act Quickly  

While not all breaches are severe, incidents involving sensitive information can lead to significant repercussions. For example: 

  • Financial penalties: Companies can face fines of up to £17.5 million or 4% of global turnover. In 2022, Interserve, a construction company, was fined £4.4 million for exposing personal data from 113,000 employees. 
  • Legal action: Even without fines, companies may face lawsuits. For instance, Manchester United was sued after an email exposing employee data was mistakenly sent to casual staff. 

 

Steps to Manage a Data Breach 

To mitigate damage, employers must act swiftly and follow best practices: 

  1. Act immediately – Fast action can prevent a small breach from escalating and protect individuals from further harm, such as identity theft. 
  2. Organise a response – Have a breach response plan ready. Assemble a response team with members from IT, HR, and legal departments. 
  3. Contain the breach – Identify the scope of the breach, recover data if possible, and secure sensitive information, such as by changing passwords or restricting access. 
  4. Assess the impact – Analyse the breach’s potential harm by evaluating the sensitivity of the data and identifying those affected. 
  5. Notify the ICO if necessary – If the breach poses a risk to individuals’ rights or freedoms, report it to the Information Commissioner’s Office (ICO) within 72 hours
  6. Maintain detailed records – Document the breach, its impact, and your response, even if reporting to the ICO isn’t required. This demonstrates compliance and aids in future prevention and your data breach log is part of compliance.  

 

Prevention is key 

Handling data breaches efficiently minimises legal, financial, and reputational damage while safeguarding those affected. Employers should also prioritise staff training and enhance data protection measures to reduce the likelihood of future breaches. 

Do you need guidance or advice on handling employee data in the workplace? Contact us today for expert advice and tailored support at 01635 896336 or hello@fentonelliott.co.uk.  

 

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