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ARTICLE · 06 APRIL 2018

Mandatory Breach Notification Across Canada

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By Order in Council 2018-0369 on March 26, 2018, mandatory breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA), comes in force November 1, 2018, for all entities subject to its jurisdiction.

CanadaPrivacy
J. Sébastien Gittens
J. Sébastien Gittens
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By Order in Council 2018-0369 on March 26, 2018, mandatory breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA), comes in force November 1, 2018, for all entities subject to its jurisdiction.

The PIPEDA rules follow Alberta's leadership, which has had mandatory breach notification for eight years. In Canada, provincial health privacy laws in Ontario, New Brunswick and Newfoundland and Labrador also contain reporting requirements. Most U.S. states have mandatory breach notification requirements. It is recognized that notification of the affected individuals is a key factor in mitigation of risk in instances of cyber breach.

The national mandatory breach notification rules includes a mandatory requirement for organizations to give notice to affected individuals and to the Office of the Federal Privacy Commissioner about data breaches where it is reasonable to believe that the breach creates a "real risk of

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