A Breach Has Happened. Now What?
In our previous article, we explored the role of the Information Officer (IO) and their responsibilities under South Africa’s POPIA and PAIA. But let’s talk about what happens when things don’t go as planned, because, in reality, mistakes do happen.
Maybe a laptop with sensitive data gets stolen, an employee accidentally clicks on a phishing email, or important documents mysteriously disappear. When things go wrong, your true test as an effective Information Officer begins. This article is your guide to handling data breaches or serious access requests in a way that safeguards your organisation and your own legal standing.
Understanding What a “Breach” Really Is
Under POPIA, a data breach occurs when personal information is lost, accessed, disclosed, or destroyed unlawfully, or accessed by an unauthorised individual. This could happen in various ways, from a stolen laptop containing unencrypted client data to a misdirected email sharing sensitive information. Even something seemingly minor, like an ex-employee retaining access to HR records or accidentally sharing private medical details verbally, counts as a breach.
Your Legal Obligation: Quick and Transparent Action
When a breach occurs, as an Information Officer, you need to act swiftly and transparently. Your first step is to contain the breach immediately to prevent further exposure. Next, conduct a thorough investigation to determine exactly what happened and assess its seriousness. Inform affected individuals promptly and report the breach to the Information Regulator without unnecessary delay. Trying to conceal or delaying reporting a breach could significantly escalate the risk to both you and your organisation.
A Real-Life Scenario
Consider this example: An accounting firm discovered that a junior staff member mistakenly sent an entire payroll spreadsheet to the wrong client. The Information Officer acted promptly, contacting the unintended recipient and requesting deletion of the email. They informed the correct client about the mistake, reported the incident to the Information Regulator using the official breach form, and recorded the incident comprehensively.
Because the situation was handled quickly and correctly, the outcome was simply a regulatory reminder to retrain staff, no fines, legal trouble, or lasting damage occurred.
Prevention Is Your Best Defence
Being prepared is the most effective strategy. Having a clear Data Breach Response Plan ready to implement can make all the difference. Ensure you have practical tools, like a Breach Notification Template, and maintain meticulous logs of every incident – big or small – alongside your responses. Train your team to escalate issues to you immediately and test your breach response procedures at least annually to stay sharp.
Don’t Forget Your PAIA Duties
While breaches are typically associated with POPIA, it’s equally crucial not to overlook your obligations under PAIA. If someone requests access to documents and your response is delayed, ignored, or unlawfully refused, it can be viewed as an obstruction of constitutional rights, even unintentionally. Always follow your documented PAIA procedures, log every request, and respond promptly and transparently.
Final Thoughts
Being an Information Officer isn’t about avoiding mistakes altogether; it’s about how effectively you respond when mistakes inevitably happen. Stay calm, stick to your process, and remember the basics: Document the incident, Respond swiftly, Report accurately, and Repeat consistently.
