After unauthorised access to citizen records, a city argues that in…

Question

After unauthorised access to citizen records, a city argues that intact backups make breach notification unnecessary. Which distinction should privacy counsel draw?

Accepted Answer

Backups primarily support availability recovery; they do not by themselves erase the need to assess notification duties for confidentiality or integrity compromises. — Backups are a spare tire—great when you need to roll again, useless as proof nobody saw the data. Restoring availability doesn't cancel confidentiality-breach analysis or notification thinking. Keep those questions separate.

Answer

Backups legally convert every confidentiality incident into a non-event under GDPR Chapter IV.

Answer

Notification is required only when backups fail a restore test within forty-eight hours.

Answer

If backups exist, controllers may skip risk assessment to data subjects entirely.

After unauthorised access to citizen records, a city argues that intact backups make breach notification unnecessary. Which distinction should privacy counsel draw?

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