When does a data breach need to be reported by a company? Privacy experts explain.
We live in an era when personal data is so valuable that many business models and economies are now actually built around its collection and use. To prevent or at least discourage abuse, governments develop laws that aim to regulate this phenomenon. The Philippines has Republic Act No. 10173, or the Data Privacy Act of 2012 , with the National Privacy Commission overseeing its proper implementation.
The two will be authoring a series of articles that take up the various compliance elements of the law, as seen from two vantage points, and presented in FAQ form. In this issue, they talk about security incidents.: NPC Circular No. 16-03, which concerns personal data breach management, defines a security incident as “an event or occurrence that affects or tends to affect data protection, or may compromise the availability, integrity, and confidentiality of personal data.
Considering the DPA’s reference to the term and its definition under NPC Circular 16-01, “security incidents” refer to information security incidents. Whether they involve personal data or not does not matter, as long as it is possible for them to compromise the security of information, in general. There is reason to believe that the personal data may have been acquired by an unauthorized person. In other words, if information just got deleted or destroyed, this condition would not be present.
The specific contents which should be included in the notification are provided in NPC Circular No. 16-03.: Plenty of things could lead to or cause a security incident. Some are man-made. Others are not. Among the notable ones include:. It is common to hear stories about how personal laptops being used for office work – including the storage of personal data – later get stolen after being left at home or in a parked car.. Access controls are critical in maintaining the security of personal data.
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