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ARTICLE · 05 JUNE 2018

PIPEDA's Breach Reporting Requirements Finalized, To Come Into Force November 1, 2018

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This update provides an overview of the breach reporting requirements.

CanadaPrivacy
Lyndsay Wasser
Lyndsay Wasser
Mitch Koczerginski
Mitch Koczerginski
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Through an Order in Council, the federal government has announced that certain sections of the Digital Privacy Act ("DPA") that amend the Personal Information Protection and Electronic Documents Act ("PIPEDA") will come into force on November 1, 2018. The Breach of Security Safeguards Regulations (the "Regulations") will also come into force on the same day.

The new notice obligation will require organizations to report a breach of security safeguards involving personal information where it is reasonable in the circumstances to believe that the breach creates a "real risk of significant harm"1 to affected individuals. A "breach of security safeguards" is defined as a loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization's security safeguards or from a failure to establish those safeguards.

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