EDPB: Guidelines 01/2021 on Examples regarding Personal Data Breach Notification

https://edpb.europa.eu/system/files/2022-01/edpb_guidelines_012021_pdbnotification_adopted_en.pdf
Adopted on 14 December 2021
Version 2.0

  • mentions a controller internal “Handbook of Handling Personal Data Breah” (as good practice)
  • internal documentation required for each and every breach (regardless of risk)

includes:

2 RANSOMWARE

2.1 CASE No. 01: Ransomware with proper backup and without exfiltration

2.2 CASE No. 02: Ransomware without proper backup

  • Notification to SA

2.3 CASE No. 03: Ransomware with backup and without exfiltration in a hospital

  • Notification to SA, Communication to Data Subjects

2.4 CASE No. 04: Ransomware without backup and with exfiltration

  • Notification to SA, Communication to Data Subjects

2.5 Organizational and technical measures for preventing / mitigating the impacts of ransomware attacks

  • Patch management
  • Network/system segmentation
  • Backups
  • Malware controls
  • Network security (firewall, IDS)
  • Phishing training
  • Forensics (identify the type of malicious code, -> nomoreransom.org)
  • Central log server
  • Strong encryption and MFA (multifactor authnetication), esp. for admins, appropriate key and password management
  • Vulnerability/penetration testing
  • CSIRT/CERT team
  • Reviews/tests/updates of risk analysis

3 Data Exfiltration ATTACKS

3.1 CASE No. 05: Exfiltration of job application data from a website

  • Notification to SA, Communication to Data Subjects

3.2 CASE No. 06: Exfiltration of hashed password from a website

3.3 CASE No. 07: Credential stuffing attack on a banking website

  • Notification to SA, Communication to Data Subjects

3.4 Organizational and technical measures for preventing / mitigating the impacts of hacker attacks

  • Strong encryption, key managemenet. Hashed/salted passwords. Prefer authentication controls without need to process passwords on server
  • Patch management
  • Strong authentication methods (e.g. 2FA), up-to-date password policy
  • Secure Software Development standards (input validation, brute force controls). Web Application Firewalls (WAF) might help.
  • Strong user privileges and access control management policy
  • Network security (firewall, IDS)
  • Security audits and vulnerability assessmnents
  • Backup controls are reviewed and tested
  • No session ID in URL in plain text

4 INTERNAL HUMAN RISK SOURCE

4.1 CASE No. 08: Exfiltration of business data by an employee

  • Notification to SA

4.2 CASE No. 09: Accidental transmission of data to a trusted third party

4.3 Organizational and technical measures for preventing / mitigating the impacts of internal human risk sources

  • Privacy and security awareness training
  • Data protection practices, procedures and systems (robust, effective, evaluated and improved)
  • Access control policies
  • User authentication when accessing sensitive personal data
  • Revocation of user access as soon as user leaves company
  • Checks for unusual dataflow between servers and clients
  • Technical controls on use of portable media (USB, CD, DVD, ..)
  • Access policy reviews
  • Disabling open cloud services
  • Preventing access to known open mail services
  • Disable print screen function in OS
  • Enforce clean desk policy
  • Automatic locking of computers after defined time of user inactivity
  • Use mechanisms (e.g. hardware tokens) for fast user switches in shared environments
  • Dedicated systems for manageing personal data. – Spreadsheets and other office documents are not appropriate means to manage client data.

5 LOST OR STOLEN DEVICES AND PAPER DOCUMENTS

5.1 CASE No. 10: Stolen material storing encrypted personal data

5.2 CASE No. 11: Stolen material storing non-encrypted personal data.

  • Notification to SA, Communication to Data Subjects

5.3 CASE No. 12: Stolen paper files with sensitive data

  • Notification to SA, Communication to Data Subjects

5.4 Organizational and technical measures for preventing / mitigating the impacts of loss or theft of devices

  • Device encryption
  • Use passcode/password on all devices. Encrypt all mobile devices and require complex password for decryption
  • Use multi-factor authentication
  • Turn on device location services for highly mobile devices
  • Use MDM (Mobile Devices Management) and localization, remote wipe
  • Use anti-glare filters.
  • Close down unattended devices
  • If possible, store personal data on central backend server – not a mobile device
  • Automatic backup workfolders of mobile clients – when connected to corporate LAN, if personal data unavoidable there.
  • Secure VPN
  • Locks to physically secure mobile devices while unattended
  • Regulate device usage inside and outside the company
  • Centralised device management (incl. controls on software installations)
  • Physical access controls
  • Avoid storing sensitive information in mobile devices and hard drives

6 MISPOSTAL

6.1 CASE No. 13: Postal mail mistake

6.2 CASE No. 14: Highly confidential personal data sent by mail by mistake

  • Notification to SA, Communication to Data Subjects

6.3 CASE No. 15: Personal data sent by mail by mistake

6.4 CASE No. 16: Postal mail mistake (another example)

  • Notification to SA

6.5 Organizational and technical measures for preventing / mitigating the impacts of mispostal

  • Setting exact standards for sending letters/emails
  • User training on how to send letters/emails
  • Default use of bcc: to send emails to multiple recipients
  • Four-eyes principle
  • Automatic addressing (rather than manual)
  • Use of message delay (to allow message deletion/editing after hitting “send” button)
  • Disable auto-complete when typing email addresses
  • User awareness trainings on data breach causes
  • Training session and manuals on data breach handling

7 Other Cases – Social Engineering

7.1 CASE No. 17: Identity theft

  • Notification to SA, Communication to Data Subjects

7.2 CASE No. 18: Email exfiltration (HR related data)

  • Notification to SA, Communication to Data Subjects