Data Breach Notification Procedure Template for United States

A Data Breach Notification Procedure outlines the exact steps an organization must take when unauthorized parties access sensitive data. Under Philippine data privacy laws, particularly the Data Privacy Act of 2012, companies need a clear plan to alert affected individuals and notify the National Privacy Commission within 72 hours of discovering a breach.

This procedure maps out who needs to be contacted, what information must be shared, and how to document the incident. It helps organizations protect customer rights, maintain legal compliance, and minimize reputation damage. Key elements include breach assessment criteria, notification templates, contact lists, and specific roles for the Data Protection Officer and response team members.

Use a Data Breach Notification Procedure immediately after discovering any unauthorized access to sensitive data in your systems. This includes cyber attacks, lost devices containing personal information, or employee mistakes that expose customer data. Under Philippine law, you have just 72 hours to notify both the National Privacy Commission and affected individuals.

Having this procedure ready becomes crucial during data incidents when quick, coordinated action matters most. It guides your team through required steps, from assessing the breach scope to crafting proper notifications. This helps avoid costly delays, ensures legal compliance, and protects both your organization and your customers during high-pressure situations.

• Basic Incident Response: Standard Data Breach Notification Procedures cover essential steps like breach detection, assessment, and notification templates for both the National Privacy Commission and affected individuals.
• Industry-Specific Plans: Healthcare providers need extra PHIC compliance steps, while financial institutions must include BSP reporting requirements and specific customer protection measures.
• Scale-Based Procedures: Large enterprises typically include multiple response teams and detailed escalation paths, while SMEs can use streamlined versions focusing on core notification requirements.
• Multi-Branch Systems: Organizations with nationwide presence need location-specific contact details and regional reporting procedures while maintaining centralized oversight.

• Data Protection Officers: Lead the development and maintenance of Data Breach Notification Procedures, coordinate response teams, and ensure compliance with NPC requirements.
• IT Security Teams: Help draft technical incident detection protocols, implement security measures, and provide breach assessment expertise.
• Legal Departments: Review procedures for compliance with Philippine data privacy laws, draft notification templates, and advise on liability issues.
• Department Heads: Ensure staff understand and follow procedures, report incidents promptly, and maintain documentation.
• External Stakeholders: Include affected individuals, the National Privacy Commission, and relevant industry regulators who receive notifications.

• Incident Assessment: Map out your data types, systems, and potential breach scenarios to create relevant response protocols.
• Team Structure: Define roles for breach response team members, including DPO, IT security, legal, and communications staff.
• Contact Database: Compile updated contact details for the National Privacy Commission, affected departments, and key stakeholders.
• Notification Templates: Create pre-approved messages following NPC guidelines for different breach types and severity levels.
• Documentation System: Set up tracking methods for breach incidents, notifications sent, and remedial actions taken.
• Testing Plan: Schedule regular drills to ensure your procedure works effectively when needed.

• Breach Definition: Clear criteria for identifying data breaches under the Data Privacy Act of 2012.
• 72-Hour Timeline: Detailed process for meeting the NPC's mandatory notification window.
• Assessment Protocol: Steps to evaluate breach severity, data types affected, and number of individuals impacted.
• Notification Content: Required information for both NPC and individual notifications per Philippine regulations.
• Response Team: Defined roles, responsibilities, and contact information for key personnel.
• Documentation Requirements: Procedures for recording breach details, actions taken, and communications sent.
• Recovery Plan: Steps to prevent future incidents and restore affected systems.

A Data Breach Notification Procedure differs significantly from a Data Breach Response Plan in several key aspects, though both play crucial roles in data protection compliance under Philippine law.

• Scope and Focus: The Notification Procedure specifically outlines the communication steps and requirements for alerting authorities and affected individuals within the 72-hour window. The Response Plan covers the broader incident management process, including containment, investigation, and recovery.
• Timing of Use: Notification Procedures activate immediately after breach confirmation, focusing on quick, compliant communication. Response Plans guide the entire incident lifecycle, from detection through post-breach improvements.
• Content Detail: Notification Procedures contain specific templates, contact lists, and notification workflows. Response Plans include comprehensive protocols for technical response, business continuity, and long-term remediation strategies.