Taking Renzo's point the 'law' really does uses these terms unclearly - and interpreters of the law more so.
For example the ICO in his guide on notifying breaches is quite clear at one point that he is referring to the need to "Report serious breaches of the seventh principle" - not serious incidents. Page 2 of https://ico.org.uk/media/for-organisations/documents/1536/breach_reporting.pdf but then discusses in terms which fudge the point.
Even the proposed new Regulation is guilty. It defines a personal data breach as "'the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed." - which we have been referring to here as an incident - since this can happen without any breach of the regulation as such. The reg requires (it seems) these to be reported. *
Yet in recitals 66 and 68 (if you have same version as me) it is using 'personal data breach' quite differently "In order to determine whether a personal data breach is notified to the supervisory authority and to the data subject without undue delay, it should be ascertained whether the controller has implemented and applied appropriate technological protection and organisational measures ... "
Similarly the right to complain is for a breach of the Regulation - but not as such for a 'personal data breach'
* Of course this is not actually absolute to be subject to as yet unseen guidelines on "the particular circumstances in which a controller and a processor is required to notify the personal data breach" - which could limit it to breaches of the regulation... And of course in practice it may be very contentious whether the required standard has been met.
Keeps us in work ....
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