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New registration requirements

If you use personal data in your work you are legally obliged to register here during 1 Jan - 28 Feb.
More details at odpa.gg/2021.

Five common breach scenarios and how to avoid them

A personal data breach is likely if there is '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'.

If you experience a breach you are legally obliged to report it to the ODPA if the breach is likely to pose a significant risk to the person (or people) whose data has been affected. 

It's important to remember that breaches can occur in all sorts of ways (it's not all about sending an email to the wrong person). 

Here are five common breach scenarios and how you can avoid them: 

  1. Breach scenario: inappropriate action
    A lack of staff training led to an employee accessing and printing clients’ personal data without authority.
    It may have been accidental and not malicious, but it is still a breach.

    How to avoid this
    Educating staff about what they are and are not authorised to do with the data they have access to should avoid this happening again.
     
  2. Breach scenario: email error
    When replying to an email with several recipients, an additional person was accidentally included in the chain and received a number of messages and associated personal data that they were not authorised to have.
    This was probably down to human error, possibly a typing mistake leading to an unintended recipient.

    How to avoid this
    Reminding staff to slow down, double check recipients, and consider the consequences of their actions before hitting the ‘send’ button should prevent this breach being repeated.
     
  3. Breach scenario: mislaid data
    An organisation posted out a client’s original documents, containing personal data. They were lost in the post and were never received by the intended recipient.
    In a large jurisdiction like the UK this information would be unlikely to be found by someone that knows the client. However, in the Bailiwick it is much more likely that personal data lost here could be found by someone that knows the person concerned. Once this kind of data is lost it may be impossible to recover and it is also not possible to be sure of the identity of and how many people, might have viewed it.

    How to avoid this
    When sending out any of this kind of personal data, the organisation should carry out a risk assessment to identify all the potential areas of risk. Appropriate measures could be put in place to prevent the loss of data in the post. The use of couriers or recorded delivery may be necessary. It may also be prudent to keep copies of data if authorised to do so.
     
  4. Breach scenario: unsecured special category data
    An organisation holding special category data (eg. data relating to a person’s race/religion/sex life/health etc.) stored it in an unsecured area of the IT system that meant that all members of staff had access to it with or without permission or the correct training to do so.

    How to avoid this
    An audit of the IT systems would identify what areas are freely accessible to all staff and ascertain what data needs to be more securely stored. The correct training and policies and procedures need to be put in place to facilitate staff awareness regarding the use of special category data and the importance of keeping it secure and confidential.
     
  5. Breach scenario: phishing attack
    An employee within an organisation received a phishing email that appeared to be from a reputable and known client. Unwittingly the individual replied to the email which allowed the scammer access to the organisation’s systems and data stored within them.

    How to avoid this
    Training on the importance of data security and how to verify the sources of emails would help reduce the risk of this re-occurring. It may also be possible to install systems that identifies these kinds of scams or suspicious correspondence and flag them up. It’s also vital that staff know the correct response and action if this does happen. There needs to be an agreed action plan in place to reduce the harm caused by the attack and to ensure all the correct reporting is carried out afterwards.