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ARTICLE · 26 SEPTEMBER 2018

Privacy Breach By Your Rogue Employee: Are You Liable?

Alexander Holburn Beaudin + Lang LLP
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Collecting, storing, and using personal information is often the key to developing and delivering individualized products and services in our current economy

CanadaPrivacy

Collecting, storing, and using personal information is often the key to developing and delivering individualized products and services in our current economy. As consumers, businesses, and service providers alike become increasingly comfortable using electronic platforms to exchange or store personal information, reports of privacy breaches seem to be on the rise.  It is not only the outside hackers that are contributing to these increasing reports, but also employees who have clearly gone rogue.

So what happens if your organization or business gets hacked, or worse yet your employee goes rogue and breaches privacy while in your employ? Can you get sued for breach of privacy where the breach occurs as a result of the unauthorized acts by your employee?  How would the Office of the Information and Privacy Commissioner ("OIPC") respond to such an unfortunate situation, and what are the potential ramifications for your business or organization?

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