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ARTICLE · 11 OCTOBER 2007

Data/Privacy Breaches On The Rise – Is Your Business Prepared?

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The Federal and Alberta Privacy Commissioners issued a joint finding last month which concludes that the data/privacy breach that hit Winners and HomeSense earlier this year was both foreseeable and preventable.

CanadaIntellectual Property

Article by Bill Hearn and Andrew Warman

The Federal and Alberta Privacy Commissioners issued a joint finding last month which concludes that the data/privacy breach that hit Winners and HomeSense earlier this year was both foreseeable and preventable. In addition, the finding notes that the companies did not comply with either the federal or Alberta private sector privacy laws.

Though many companies properly assess the need for disclosure and err on the side of their customers, there is currently no law in Canada which makes mandatory the disclosure of a privacy breach that compromises personal data, even if it involves sensitive information (save certain health-related data).

The House of Commons Standing Committee on Access to Information, Privacy and Ethics was troubled by this when they convened in late 2006 and early 2007 and drafted a set of recommendations to Parliament to help deal with this issue. These recommendations, including a requirement to notify the

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