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ARTICLE · 07 NOVEMBER 2018

Privacy Breaches: New Mandatory Notification Requirements Under PIPEDA

On November 1st, 2018 new mandatory breach notification and record-keeping requirements under the PIPEDA and the Breach of Security Safeguards Regulations will come into force.

CanadaPrivacy

On November 1st, 2018 new mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act  ("PIPEDA") and the Breach of Security Safeguards Regulations will come into force.

A privacy breach is the loss of, unauthorized access to, or unauthorized disclosure of, personal information. Breaches can happen when personal information is stolen, lost or mistakenly shared.

Organizations subject to PIPEDA will be required to:

  • report to the Privacy Commissioner of Canada breaches of security safeguards involving personal information that pose a real risk of significant harm to individuals
  • notify affected individuals about those breaches

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