In simple words
If there is a personal data breach, the company must tell each affected person without delay, in plain language, what happened and what they can do. It must also tell the Board without delay and send a detailed report within seventy-two hours, unless the Board allows more time.
- What this means for you
- If your data leaks, the company must tell you what happened and how to protect yourself.
- What this means for businesses
- Prepare a breach plan with templates for users and for the Board, and a seventy-two hour reporting track.
- Everyday example
- A ride app finds that phone numbers leaked. It messages each affected user and sends the Board a detailed report within seventy-two hours.
Who it applies to
Data Fiduciaries.
Related sections and Schedules
Official textas notified
Source: MeitY copy of the Gazette, page 26. Printed dashes are shown as colons; the wording is unchanged.
(1) On becoming aware of any personal data breach, the Data Fiduciary shall, to the best of its knowledge, intimate to each affected Data Principal, in a concise, clear and plain manner and without delay, through her user account or any mode of communication registered by her with the Data Fiduciary,
(a) a description of the breach, including its nature, extent and the timing of its occurrence;
(b) the consequences relevant to her, that are likely to arise from the breach;
(c) the measures implemented and being implemented by the Data Fiduciary, if any, to mitigate risk;
(d) the safety measures that she may take to protect her interests; and
(e) business contact information of a person who is able to respond on behalf of the Data Fiduciary, to queries, if any, of the Data Principal.
(2) On becoming aware of any personal data breach, the Data Fiduciary shall intimate to the Board,
(a) without delay, a description of the breach, including its nature, extent, timing and location of occurrence and the likely impact;
(b) within seventy-two hours of becoming aware of the breach, or within such longer period as the Board may allow on a request made in writing in this behalf,
(i) updated and detailed information in respect of such description;
(ii) the broad facts related to the events, circumstances and reasons leading to the breach;
(iii) measures implemented or proposed, if any, to mitigate risk;
(iv) any findings regarding the person who caused the breach;
(v) remedial measures taken to prevent recurrence of such breach; and
(vi) a report regarding the intimations given to affected Data Principals.