New Mandatory Breach Requirements In British Columbia's Public Sector

Introduction

On November 25, 2021, the Freedom of Information and Protection of Privacy Amendment Act, 2021 ("Bill 22") was given Royal Assent. Bill 22 attempts to modernize and strengthen British Columbia's public sector privacy statute, the Freedom of Information and Protection of Privacy Act ("FIPPA"), by, amongst other things, implementing mandatory privacy-breach reporting for public bodies. The amended FIPPA made significant amendments, including requirements for privacy management programs, modification to data residency requirements and mandatory privacy breach notification obligations. The requirements related to the privacy management programs and the mandatory privacy breach notification obligations came into force on February 1, 2023.