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Mandatory Breach Reporting under PIPEDA

Back in late 2017 we published an article on breach reportingOn November 1, 2018, the new provisions to the Personal Information Protection and Electronic Documents Act (PIPEDA) related to breach of security safeguards along with the Breach of Security Safeguards Regulations came into force.

The regulations require organizations to report to the Office of the Privacy Commissioner (OPC) and affected individuals, any breach of security safeguards involving personal information under its control, if it is reasonable to believe the breach creates a “real risk of significant harm”. Failure to report a breach is punishable by a fine of up to CAD 100,000.

On October 29, 2018, the OPC published the final guidance intended to assist organizations with the Breach of Security Safeguards Regulations. The guidance provides direction on how organizations can assess whether a breach creates a “real risk of significant harm” (the guidance provides a non-exhaustive list of the types of harm that will be considered significant) and provides a breach report form that organizations may use to report a breach to the OPC.

We’re Here To Help

If you have questions regarding how your organization will be impacted by these requirements, or any questions related to privacy legislation in general, please contact us.

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