Data Breach

An unforgiving clock starts the moment you become aware. Everything in this chapter is about being ready to move on it before it starts, not after.

8 min readLast updated: Last updated: September 2026
Key Takeaway
  • A personal data breach is broadly defined — unauthorised processing, or accidental disclosure, loss, alteration, or destruction that compromises confidentiality, integrity, or availability.
  • Rule 7 requires an initial intimation to the Data Protection Board without delay, followed by a detailed report within 72 hours; affected Data Principals must also be notified without delay.
  • This runs alongside, not instead of, CERT-In's separate 6-hour reporting window for certain cyber incidents under its 2022 directions.
  • The 72-hour clock is only realistic to meet if the groundwork — a data inventory, a tested incident-response runbook — already exists before an incident happens.

What Is a Data Breach?

LawThe Act defines a personal data breach broadly: any unauthorised processing of personal data, or any accidental disclosure, acquisition, sharing, use, alteration, destruction, or loss of access to personal data, that compromises its confidentiality, integrity, or availability. This is wide enough to cover a stolen laptop with unencrypted customer data, a misconfigured database exposed to the public internet, a phishing attack that exfiltrates records, or even an internal employee accessing data well outside their role — not only the "hacker breaks in" scenario people often picture first.

Common Causes

In practice, breaches are more often caused by misconfiguration (an exposed cloud storage bucket, an access-control gap), credential compromise (phishing, reused passwords), or third-party/vendor incidents than by a sophisticated targeted attack — which is exactly why the baseline safeguards covered in Chapter 09 (access control, monitoring, vendor oversight) matter more, in aggregate, than any single advanced security control.

Detection

PracticeThe notification clock (below) starts running from when you become aware of a breach — which means weak detection capability doesn't buy you more time, it just delays when you find out, while the underlying exposure continues. Logging and monitoring (Chapter 09) are what make "aware" happen promptly rather than being triggered by an external report weeks later.

The Notification Timeline

LawRule 7 of the DPDP Rules sets out a two-stage notification requirement once a breach occurs: an initial intimation to the Data Protection Board without delay, followed by a more detailed report within 72 hours of becoming aware of the breach (extendable in specified circumstances). Affected Data Principals must separately be notified without delay, in a manner describing the nature of the breach, its likely consequences, and the safeguards being taken in response.

RegimeWho's notifiedTimeline
DPDP Rules, Rule 7Data Protection Board + affected Data PrincipalsWithout delay (initial); detailed report within 72 hours
CERT-In 2022 DirectionsCERT-InWithin 6 hours of becoming aware, for specified incident types

These are two separate, parallel obligations that can both apply to the same incident — meeting one doesn't discharge the other.

Containment

PracticeStopping ongoing exposure — revoking compromised credentials, isolating an affected system, closing an exposed endpoint — is usually the first practical action once a breach is confirmed, running in parallel with (not sequentially before) starting the notification clock. A tested runbook that assigns clear ownership for containment versus notification versus communications avoids the common failure mode of a small team trying to do all three at once with no clear order of operations.

Documentation

Recording what happened, when it was detected, what data was affected (which depends directly on the data inventory from Chapter 07), what containment steps were taken, and when each notification was sent, is both a practical incident-response necessity and the evidence you'd need to show the Data Protection Board that your response met the required timeline.

Breach Management

StageKey action
DetectMonitoring flags or a report surfaces the incident
ContainStop ongoing exposure immediately
Assess scopeWhich systems, which data categories, how many individuals — using the data inventory
NotifyBoard (without delay, then detailed report within 72 hours) and affected individuals (without delay)
ReviewPost-incident analysis of root cause and what changes as a result

Post-Incident Review

PracticeA breach that isn't followed by a genuine review of what allowed it to happen tends to recur in a slightly different form. The review should feed back into the safeguards in Chapter 09 and the runbook itself — not as a blame exercise, but as the mechanism that actually improves your position before the next incident, rather than only responding faster to the same kind of failure repeatedly.

Common mistake

Writing a breach-response plan that assumes you'll have time to figure out what data was affected after the notification clock has already started. By the time an incident happens, that assessment needs to be fast — which only works if the data inventory (Chapter 07) already tells you what's in the affected system before you're under time pressure to find out.

Related Topics

Frequently Asked Questions

How fast does a breach need to be reported under DPDP?

An initial intimation to the Data Protection Board is required "without delay," with a more detailed report due within 72 hours of becoming aware of the breach. Affected Data Principals must also be notified without delay.

Is DPDP's breach notification the same as CERT-In's?

No — they're separate, parallel obligations. CERT-In's 2022 directions require certain cyber incidents to be reported within 6 hours, independent of DPDP's own Rule 7 timeline; both can apply to the same incident.

Does every security incident count as a reportable breach?

The Act's definition covers unauthorised processing or accidental disclosure, loss, alteration, or destruction that compromises confidentiality, integrity, or availability of personal data — a genuine security event affecting personal data along these lines is generally in scope, which is why having a documented process for assessing an incident quickly matters.

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