In her day to day practice, Deirdre advises on all aspects of employment, equality and industrial relations law. Appearing regularly before the Workplace Relations Commission, the Courts and the Data Protection Commission on behalf of clients, Deirdre is an experienced, robust and practical advocate. In recent years, Deirdre developed a niche practice in the areas of employment and data protection with particular experience in dealing with contentious data subject access requests, employment related privacy data breaches, regulatory investigations by the Data Protection Commission and enforcement actions involving criminal sanctions in the data protection space.
There is a requirement placed on data controllers to understand their legal obligations to report a personal data breach to the Data Protection Commission ("DPC") and to affected data subjects clearly, accurately and most importantly, within the prescribed time limits.
In this article, Matheson’s Technology and Innovation Partner Deidre Crowley answers the key questions relating to why, when and how data controllers should notify the DPC and their data subjects of a personal data breach.
What are the Circumstances in which a Controller must Notify a Breach to the DPC? ⚓︎
Article 33 (1) of the General Data Protection Regulation 2016/679 (“GDPR”), and Section 86 of the Data Protection Act 2018 (“DPA”) require data
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