Under UK GDPR, an individual can be held responsible for a data breach in certain circumstances, especially if they deliberately or negligently cause the breach. Typically, the responsibility for a data breach lies with the organisation that holds the personal data. However, individuals, such as employees, can be held liable if they intentionally leak or mishandle data or access it without authorisation. Legal consequences for individuals usually arise in cases of intentional wrongdoing or gross negligence, and can include disciplinary action, termination, or legal charges under other laws like the Computer Misuse Act 1990. Organisations are primarily held accountable and face fines, but individuals have personal responsibility when their actions cause harm through data breaches.

Individual Responsibility Details

• Individuals may be liable if they intentionally share personal data without consent, fail to secure it, or use it improperly.
• Deliberate breaches can occur through hacking, phishing, malware, or social engineering.
• Negligence that leads to a breach, such as careless handling of data, can also result in liability.
• Proving liability requires evidence such as breach records, forensic data, witness statements, and expert reports.

Organisational Responsibility

• Organisations must implement appropriate security measures to protect data.
• They have the primary legal obligation under UK GDPR and can be fined up to 4% of global turnover or £17.5 million.
• Organisations can be held liable if they fail to comply with GDPR requirements or do not adequately safeguard data.

Legal Framework

• The Data Protection Act 2018 underpins UK GDPR and allows claims for compensation due to material or non-material damage caused by breaches.
• Both individuals and organisations must take data protection seriously to avoid breaches.
• Intentional wrongdoing by individuals can attract criminal charges, while negligence can lead to civil liability.

In summary, under UK GDPR an individual can indeed be held responsible for a data breach, particularly if their actions are deliberate or negligent, but the main legal responsibility typically rests with the organisation controlling the data. The severity of consequences for individuals depends on the nature of their involvement in the breach.