Q1 - What exactly counts as a “data breach” under DPDPA?
Answer
A personal data breach is any unauthorized or accidental event that results in:
- Access to personal data by someone not authorized,
- Disclosure of data to unintended parties,
- Alteration or destruction of personal data,
- Loss of personal data (including theft, misplacement, or accidental deletion).
Examples
- A hacker steals Aadhaar-linked bank account details from XYZ Bank.
- An employee of ABC Hospital mistakenly emails patient reports to the wrong recipient.
- A laptop containing customer KYC details from ABC Stock Brokers is lost without encryption.
Even accidental events (like sending an email to the wrong address) can count as a breach.