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ARTICLE · 05 NOVEMBER 2019

Receiving A Data Breach Notification – Commissioner's Guidance For Individuals, Lessons For Organizations

Miller Thomson
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As reported by numerous previous articles, Canada's federal data breach notification laws have been in effect since Nov 1, 2018, and require all organizations subject to the Personal Information

CanadaPrivacy
David Krebs
David Krebs
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As reported by numerous previous articles, Canada's federal data breach notification laws have been in effect since Nov 1, 2018, and require all organizations subject to the Personal Information Protection and Electronic Documents Act ("PIPEDA") to report to the federal Commissioner all breaches of security safeguards that could lead to a "real risk of significant harm" and to notify all impacted individuals. PIPEDA and the Breach of Security Safeguards Regulations set out the rules surrounding timing and content of this notification.

The Privacy Commissioner has now released a new Guidance directed at individuals receiving data breach notifications. While the target audience is the public affected by breaches, the Guidance contains some important insights for organizations regarding the risks to individuals and their expectations with respect to risk mitigation. This report also discusses who should be the organization's contact person to ensure proper follow-up

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