Data Breach
Definition
An incident where personal data is accessed, disclosed, altered, or destroyed without authorization. Data breaches can result from cyberattacks (hacking, malware, ransomware), physical theft of devices or documents, accidental disclosure (emailing data to wrong recipients), insider threats, lost devices, improper disposal, or system vulnerabilities. Not every security incident is a breach—the threshold is typically unauthorized access to personal data. Breaches trigger legal obligations including investigation, notification to authorities and affected individuals, documentation, and often offering protective services like credit monitoring. The consequences of breaches include regulatory penalties, lawsuits, reputational damage, customer loss, and operational costs. Organizations should implement comprehensive data security programs, incident response plans, breach notification procedures, and cyber insurance to prepare for potential breaches. Prevention is ideal, but preparation for breaches is essential.
Applicable Laws & Regulations
- 1GDPR Article 33-34 - Notification of personal data breaches
- 2State data breach notification laws - Various U.S. state requirements
- 3CCPA Section 1798.150 - Private right of action for breaches