Data leakage - what should be done in this situation?
Security
10 December 2023
Personal data is confidential information that is used to identify a person's identity. For this reason, they should be duly protected. Making it publicly available on the internet can have legal and reputational consequences. Find out what a personal data leak is, where to report such a situation and what the consequences may be.
Data leakage - what is it?
A data leak is an unwanted event that leads to confidential information (e.g. employee names and addresses) becoming public and allowing unauthorised people to process and use it. In this context, a breach of basic security principles is said to have occurred.
Data leaks most often originate from large or smaller organisations, such as an office, bank or company where you work. Such a breach can also affect a private individual (e.g. through the dissemination of information from an identity card or passport) and result in the loss of some assets.
What should I do when my personal data has been leaked?
The first step is to report the data leak in the first place. If it is data from important documents such as an identity card, passport or credit card, then the matter should be passed on to the relevant authorities. If you suspect that someone has stolen your document, report it to the police straight away (your bank card should also be blocked at the bank). If, however, it was not theft, but only loss, then you should contact the authority issuing the document, i.e. in the case of an identity card, the municipality and, in the case of a bank card, the bank.
However, it is not uncommon for online data leaks to occur - how do you check which information has been shared? It is a good idea to bring the matter to the attention of the data controller straight away. One option is also to file a complaint with the PUODO (President of the Office for Personal Data Protection). It is important to do this within 72 hours of the leak. This will give you better security for the future. Unfortunately, a complaint to this authority alone is not enough to receive financial compensation.
Leakage of personal data - compensation
Data leakage is capable of leading to financial losses for the person whose confidential information has been disseminated. In such a case, there is a right to seek compensation. Appropriate legal steps should then be taken, e.g. reporting the matter to the police, especially if a criminal act such as theft or hacking is suspected. If the case goes to court, the court, upon conviction, has the right to oblige the offender to make good the damage caused or to compensate for the harm.
Any person can independently seek compensation in court if data protection breaches occur. Admittedly, there are legal costs involved, but there are cases in which you are exempted from these. And what is the amount of compensation for data leakage? This, of course, depends on the nature of the damage caused, as well as the consequences it entails.
What could be the consequences of a data leak?
The dissemination of personal data does not only happen to individuals, but also to companies and organisations. It is worth realising that such leakage of personal data from a company leads directly to damage to its image and, further down the line, even to serious financial losses and even bankruptcy.
Such an undesirable event is an indication that the institution in question has been compromised in the market and will therefore certainly lose the trust of its customers. This in turn will translate into lower profits. This is not the only risk. Sometimes the amount of penalties for disclosure will take the form of 4% of the total turnover of the previous financial year or, more specifically, €200,000. So, as you can guess, this will presumably be the end of business for smaller companies.
You already know what a personal data leak is, what to do in such a situation and which authorities to report it to. You can also claim compensation, but it is always worth remembering to provide better security for specific data to avoid future leaks.
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