Re:Blackbaud hack: More UK universities confirm breach
by TimLangley on Saturday July 25, 2020 @12:36PM
(#23950486)
Slightly nitpicky but the 72 hour piece is wrong here
A data controller has 72 hours to notify the ICO (or other supervisory authority). A data processor has no such obligation [unless specified as part of the data processing agreement DPA]
Most DPA will state asap s.t the controller can notify
But in this instance Blackbaud would almost certainly be a processor
(It’s a neat [nasty] little loophole
Re:Blackbaud hack: More UK universities confirm breach
by jacquesm on Saturday July 25, 2020 @01:43PM
(#23951020)
Article 28 makes it a requirement that the processor and the controller arrange for this notification requirement to be arranged between them. A failure to do so by the processor would likely make them liable. The processor is only able to discharge itself from this liability if they notify the controller promptly.
For more reading on this:
https://ico.org.uk/for-organisations/guide-to-data-protectio...
And yes, you are correct, organisations have 72 hours to disclose the breach.
The various data protection offices (such as the ICO in the UK) usually try to work with organisations first. If Blackbaud aren't playing ball though, they may be in for a rough ride (assuming that they actually operate where the EU has jurisdiction that is).