New Requirements Of The Digital Privacy Act (Bill S-4)

Bill S-4, the Digital Privacy Act, the federal government's latest attempt to reform PIPEDA was proclaimed on June 18, 2015. This Bill is now in effect except for the breach notification regulations which have not yet been released and therefore, the breach notification section will come into effect at a later date.

The government has modernized and broadened the regulatory powers of the Executive Branch. This may result in more flexibility to pass clarifying regulations as issues arise under PIPEDA. Clause 24 of Bill S-4 modifies section 28 of PIPEDA to provide that every organization that knowingly contravenes the new sections of PIPEDA requiring organizations to record and report breaches of security safeguards or obstructs the Commissioner in the investigation of a complaint or in conducting an audit will now be liable for fines of up to $100,000 for indictable offences, or for fines of up to $10,000 for offences punishable on summary conviction.