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Data Breach Response Plan (GDPR-Compliant for Education Providers)

Purpose

This document outlines the procedures our organization will follow in the event of a personal data breach, in accordance with the General Data Protection Regulation (GDPR). The objective is to protect the rights of learners, educators, and administrators, ensure swift containment, and meet regulatory and contractual obligations.

1. What Is a Personal Data Breach?

A personal data breach is:

“A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.”
(GDPR Article 4(12))

In educational settings, this may include: - Unauthorized access to student records (grades, attendance, behavioral reports) - Disclosure of contact info, guardian data, or health records - Loss of online coursework, assessments, or LMS login credentials

2. Objectives

  • Rapid containment of the breach
  • Clear risk assessment, especially when minors or vulnerable learners are involved
  • Timely notifications to regulators and affected individuals
  • Transparent documentation and lessons learned

3. Roles and Responsibilities

Role Responsibility
Data Protection Officer (DPO) Lead breach investigation, report to regulators.
Security & IT Team Investigate, contain, and recover from breach.
Academic Affairs / Registrar Support data classification and stakeholder outreach.
Legal & Compliance Ensure GDPR, FERPA (if U.S.-based), and contractual compliance.
Executive Leadership Approve breach communications and escalation strategies.

4. Breach Identification and Containment

4.1 Breach Identification

  • Any staff member who suspects a data breach (e.g., email sent to wrong student, system hack) must report it immediately to the DPO or Security Team.
  • Automated alerts (via AWS GuardDuty, CloudTrail, or LMS logging) should notify of unusual activity.

4.2 Initial Containment

  • Lock user accounts if compromise is suspected.
  • Isolate affected systems (e.g., student portal, email platform).
  • Preserve logs and system snapshots for forensic analysis.

5. Risk Assessment

Each breach will be evaluated based on: - Type and volume of learner data involved (e.g., name, academic records, disabilities, guardian contacts). - Whether data subjects include minors or vulnerable individuals. - Exposure risk: accidental vs. malicious, internal vs. external. - Mitigating safeguards (e.g., encryption, access controls).

High risk may include: - Disclosure of personal data of minors - Compromised assessment results or disability accommodations - Access to parent/guardian contact or payment info

6. Notification Requirements

6.1 Supervisory Authority (e.g., EU DPA)

  • Notify within 72 hours if the breach is likely to result in risk to data subjects.
  • Include:
  • Nature of the breach
  • Categories and number of students, guardians, and staff affected
  • Contact details of DPO
  • Potential consequences
  • Actions taken or proposed

6.2 Data Subjects (Students, Parents, Staff)

  • Notify affected individuals without undue delay if high risk is likely.
  • Use accessible language appropriate to the audience (especially where minors are involved).
  • Describe:
  • What happened and when
  • What personal data was involved
  • Steps they can take (e.g., password change, fraud monitoring)
  • How we are responding
  • DPO contact information

7. Communication Strategy

  • Internal:
  • Notify department heads, IT, and academic affairs leadership.
  • External:
  • Prepare statement if breach affects public confidence (e.g., university-wide compromise).
  • Third parties:
  • Coordinate with processors (e.g., AWS, edtech vendors, LMS providers) under data processing agreements.

8. Recovery and Lessons Learned

  • Investigate root cause and timeline.
  • Restore affected systems from clean backups.
  • Review and improve:
  • Access control policies
  • Staff awareness and training
  • Technical safeguards (e.g., MFA, audit logging)
  • Update student privacy notices or agreements if practices change.

9. Documentation and Recordkeeping

Maintain a breach register with the following for all breaches, not just notifiable ones: - Incident description and date/time - Systems and individuals affected - Risk assessment and mitigation - Notification decisions and evidence - Post-incident remediation steps

(Required by GDPR Article 33(5))

10. Review and Testing

  • Review this policy annually, or after any serious breach.
  • Simulate breach scenarios (e.g., lost device, student portal compromise) as part of cyber hygiene training.

References