GDPR Articles 33-34, Breach Notification
Regulation (EU) 2016/679, Arts. 33-34
In force since .
A breach notification rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- on_request
- Who audits it
- Regulator
- Where the report goes
- Produced on request
What it requires
- Notify the Slovenian Information Commissioner without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach affecting a person in Slovenia, unless the breach is unlikely to risk their rights and freedoms, and notify affected individuals without undue delay where the breach is likely to result in a high risk to them.
- If you process personal data on behalf of a controller, notify the controller without undue delay after becoming aware of a personal data breach (Article 33(2)).
These lines are LexLint's reading of the law's text. Also read by: Informacijski pooblaščenec (Information Commissioner of Slovenia) (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CM.AW-P7Impacted individuals and organizations are notified about a privacy breach or event.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.ip-rs.si/varstvo-osebnih-podatkov/ključna-področja-uredbe/prijava-kršitev
- Guidance body
- Informacijski pooblaščenec (Information Commissioner of Slovenia)
What it makes you log
Who may demand the log
Regulator
Logging duty
The controller documents every personal data breach, whether or not it is notified; the text names the facts, the effects and the remedial action but no fixed log fields. ZVOP-2 Article 23(1) applies the Information Security Act's security and incident-notification provisions to some information systems; that act's duties are not part of this value.
- Kind
- Explicit
- As of
- Provision
- Regulation (EU) 2016/679, Art. 33(5)
- Trigger
- security_incident
What this law does
A controller must notify the Information Commissioner without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach, unless the breach is unlikely to result in a risk to people's rights and freedoms, and must notify the affected individual without undue delay where the breach is likely to result in a high risk.
Separately, ZVOP-2 Article 23(1) applies, with the necessary changes, the Information Security Act's provisions on security measures and incident notification for essential entities to information systems that process data under the laws listed in its point 1, that process the data of more than 100,000 people under a law, that serve a controller or processor whose core activity is large-scale processing of special categories of data, or that process special categories of data of more than 10,000 people, where the controller is not already bound by that Act's measures.
When LexLint raises it
When your app profile says your app processes personal data.
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