Proposed Breach Of Security Safeguards Regulations Under PIPEDA Have Been Released

The Canadian federal government released the proposed Breach of Security Safeguards Regulations under Personal Information Protection and Electronic Documents Act (PIPEDA) on September 2, 2017.

Not yet in force, these Regulations set out the:

1. content, form and manner of a report to the Commissioner of a breach under PIPEDA;
2. content of notification to affected individuals;
3. manner of direct notification;
4. circumstances permitting indirect notification;
5. manner of indirect notification; and
6. record-keeping requirements.

Introduction

PIPEDA currently defines "breach of security safeguards" as a loss or unauthorized access or disclosure of personal information that results from either the breach of an organization's security safeguards, or an organization's failure to establish these safeguards.