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ARTICLE · 09 APRIL 2018

It's Official: Mandatory Data Breach Notification Coming On November 1, 2018

Miller Thomson
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Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the PIPEDA.

CanadaPrivacy
Imran Ahmad
Imran Ahmad
Catherine Bate
Catherine Bate
Kathryn Frelick
Kathryn Frelick
James T. Swanson
James T. Swanson
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Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act ("PIPEDA"). Once implemented, these changes will align the Canadian breach reporting regime with those in the United State and Europe.

BACKGROUND

In June 2015, the federal government passed the Digital Privacy Act (the "DPA"), which modified PIPEDA in several key ways. While most of the amendments came into force when the DPA was passed, provisions relating to mandatory breach notification and record-keeping did not.

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