Article 33 of the UK GDPR requires controllers to notify the supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. This means that not all personal data breaches need to be reported to the supervisory authority, only those that pose a risk to individuals. The risk should be assessed in terms of the potential negative consequences for individuals, such as discrimination, identity theft, fraud, financial loss, damage to reputation, loss of confidentiality, or any other significant economic or social disadvantage. The UK GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, where the breach is likely to result in a high risk to their rights and freedoms. The other options are incorrect because:
The UK GDPR does not require all personal data breaches to be reported to the supervisory authority, only those that pose a risk to individuals. However, controllers must document all personal data breaches, regardless of whether they are reported or not, as part of their accountability obligations.
The UK GDPR does not make a distinction between personal data and special category data when it comes to reporting personal data breaches. Special category data is a type of personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health, sex life or sexual orientation, or biometric or genetic data for the purpose of uniquely identifying a natural person. The processing of special category data is subject to stricter conditions and safeguards under the UK GDPR, but the reporting of personal data breaches involving such data is subject to the same criteria as any other personal data breach, namely the risk to individuals.
The UK GDPR does not provide an exemption from reporting personal data breaches based on the controller’s right of freedom of expression. The right of freedom of expression is a fundamental right that is recognised and protected by the UK GDPR, but it is not an absolute right that overrides the rights and freedoms of data subjects. The UK GDPR allows Member States to provide for exemptions or derogations from certain provisions of the UK GDPR for the processing of personal data carried out for journalistic purposes or the purpose of academic, artistic or literary expression, where such exemptions or derogations are necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information. However, these exemptions or derogations do not apply to the obligation to report personal databreaches to the supervisory authority, unless the Member State law specifies otherwise. References:
UK GDPR, Article 334
UK GDPR, Article 34
UK GDPR, Article 9
UK GDPR, Article 85
