Reporting
Reporting an AI data breach to the regulator
Under UK GDPR the regulator should hear about a reportable breach promptly, and where practicable within 72 hours of your becoming aware of it.
Last reviewed against legislation.gov.uk, National Cyber Security Centre and OWASP GenAI Security Project. Sources
The rule
Three parts
The legislation sets a target, an exception and a duty to explain delay [1]. In the UK the regulator is the Information Commissioner's Office (ICO).
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1
What kind of breach it is, with the categories and approximate numbers of people and records where you can say. -
2
A contact point, such as the data protection officer, with name and details. -
3
The consequences you expect. -
4
What you have done or plan to do, including steps to limit harm.
If the full picture is not ready, the details may follow in stages without undue further delay [1]. A partial but accurate notice beats a silent wait for the investigation to finish.
Not reporting
Still write it down
Every breach must be written up, with the facts, the effects and the remedial action, so that the regulator can check your compliance [1]. That includes breaches you decide not to report.
Keep the reasoning
For an AI incident, record what data the tool held, why you judged the risk to be low and who made the call. That record is what you will rely on if the decision is questioned.
Processors
Your supplier's duty
A supplier that processes your data for you has to alert you promptly once it learns of a breach [1]. Your own clock starts when you become aware, so agree in contracts how fast and through whom the supplier will reach you. See AI supplier breaches and telling people.
Keep reading
Read next
Telling people
When individuals must be told about a personal data breach involving AI tools, what the message should say and the exceptions the law allows.
Read the guide
Supplier breach
What to do when an AI supplier reports a breach affecting your data: questions to ask, the processor's duty, and how to protect your own timeline.
Read the guide
Leaked keys
How to respond when API keys, secret keys or storage tokens linked to AI tools have leaked: what to revoke, what to check and how to prevent a repeat.
Read the guideHow CyPro can help
Need a hand working through this?
Finding out whether an incident reaches you is one job. Checking your own systems, tightening access and briefing the board are several more. CyPro's responders and consultants can take any of them on.
Incident response
If you may already be compromised, our responders contain it, preserve the evidence, find out what was touched and get you running again safely.
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Fractional CISO for the board
A senior security lead who advises the board on what to fix first, what to accept and what to tell customers, and owns the decision record.
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Penetration testing
A focused test of your systems and the controls around them, so you know they hold before an attacker finds out for you.
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Hardening and segmentation
Our consultants put the controls in place that limit the damage when something is missed: firewall rules, network isolation and tighter admin access.
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Vulnerability scanning
Find every internet-facing system you run, including the forgotten ones, and see which are still on a vulnerable build.
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Worried this affects you?
When data has leaked through an AI tool, its logs or its storage, the early decisions shape what you must report and to whom. An incident response team helps you contain the exposure, establish what was involved and prepare your notifications.