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ARTICLE · 29 SEPTEMBER 2017

PIPEDA - Draft Breach Of Security Safeguards Regulations Published

Gardiner Roberts LLP
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The Digital Privacy Act, passed in June 2015, made a number of amendments to Canada's federal private sector privacy law, the Personal Information Protection and Electronic Documents Act ("PIPEDA").

CanadaPrivacy
Catherine Carscallen
Catherine Carscallen
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The Digital Privacy Act, passed in June 2015, made a number of amendments to Canada's federal private sector privacy law, the Personal Information Protection and Electronic Documents Act ("PIPEDA"). Key among these amendments was the establishment of mandatory data breach reporting and notification obligations, as well as record-keeping obligations, although these provisions were not proclaimed in force pending the finalization of related regulations.

On September 2, 2017, draft Breach of Security Safeguards Regulations were published for a 30 day comment period.

The draft Regulations provide further details pertaining to an organization's obligations for reporting a data breach – referred to as a "breach of security safeguards" - to the Privacy Commissioner of Canada (the "Commissioner") and for notifying affected individuals, the manner of notification, and record-keeping requirements.

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