The UK General Data Protection Regulation (GDPR) imposes strict rules on businesses in order to protect all personal data. It has been in effect since the beginning of 2021, following the UK’s departure from the EU. It was introduced to maintain data protection standards while adapting the framework from UK-specific laws. Its purpose is to ensure transparency in its use and provide individuals with significant control over their information. But what happens when a data breach occurs? Can an individual employee be held responsible for a data breach?
In this article, we are going to explore UK GDPR and the responsibilities of individuals. We will also look at the responsibilities of employers and the consequences of a sudden data breach, so we can offer guidance on how employers can maintain compliance and mitigate certain risks.
Understanding UK GDPR & Data Protection Obligations
The UK GDPR ensures that businesses handle personal data lawfully. They must keep data secure and transparent. Every employer must also implement the employment policies required by UK law to guide employees through the standards. Failure to do so can result in a data breach. A data breach may include unauthorised access as well as loss or exposure of personal data. Employees and the organisation itself both share accountability for protecting data under GDPR.
What Constitutes a Data Breach?
A data breach happens when personal data is unlawfully or accidentally accessed. Data can be destroyed, lost, or altered by an intrusive party. Unauthorised disclosure also constitutes a data breach. These breaches can range from something as small as a lost USB drive to a large phishing attack. Data ranging from small information all the way to thousands of customer records can be impacted. Organisations are mostly held accountable, but the role of the individual causing the breach is significantly scrutinised.
Can an Individual Be Held Responsible for a Data Breach?
Regarding GDPR, an organisation is typically held accountable for a data breach. Individuals can be held responsible, however, if their actions directly cause a breach. If the employee bypasses security protocols or mishandles sensitive information more of the pressure will be placed onto them. It is imperative for employers to have clear employment policies required by UK law so that individual responsibilities are addressed.
Legal Consequences
If an individual is guilty of negligence or deliberate misconduct, they will face disciplinary action or even termination; this could even lead to criminal charges if the breach is severe. This must be legitimate and due process must be followed as certain incidents may constitute grounds for unfair dismissal claims.
Employer Responsibilities in Preventing Breaches
Employers can have a crucial role in preventing data breaches. They can begin by implementing robust cybersecurity measures and offering training on GDPR compliance and data protection. A business can audit data handling processes to find vulnerabilities and utilise premier retainers and access expert legal advice to ensure that procedures are compliant.
How Employees Should Respond to a Data Breach
If a breach occurs, employees must act swiftly and report it to the Information Commissioner’s Office within 72 hours. It is also crucial to investigate the cause of the breach and determine what/who was at fault.
They must finally take corrective action which may lead to policy updates, disciplinary measures, and further training. Affected individuals can file a subject access request in order to understand how their data was attacked or compromised.
Contracts & Policies Regarding Data Breach Accountability
Employment contracts should clearly outline data rotation responsibilities and the consequences of breaches as these documents can be used to emphasise shared accountability. This level of clarity can protect businesses during tribunal claims.
UK GDPR places the primary responsibility on organisations, but individuals can also be held accountable for their actions. It’s up to the employers to proactively address this shared responsibility through regular training and comprehensive policies.
If you have any more questions or need professional advice, get in touch with Premier Legal today.
