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ARTICLE · 08 NOVEMBER 2018

Mandatory Breach Notification Rules Now In Effect

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

McCarthy Tétrault

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As of November 1, 2018, organizations from coast-to-coast must comply with new mandatory breach notification rules under the Personal Information and Protection of Electronic Documents Act ("PIPEDA").

CanadaTechnology
CyberLex Blog
CyberLex Blog
Carole Piovesan
Carole Piovesan
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Charles Morgan
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Jade Buchanan
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As of November 1, 2018, organizations from coast-to-coast must comply with new mandatory breach notification rules under the Personal Information and Protection of Electronic Documents Act ("PIPEDA"). Non-compliance can result in fines of up to $100,000. If your organization has not already done so, it is time to consider your obligations and get a plan and process in place to comply.

What Are the Legal Requirements?

Any organization that is subject to PIPEDA will have reporting, notice and record retention obligations for any "breach of security safeguards." While all breaches trigger the requirement to retain records of the breach, reporting and notification are only engaged where there is a "real risk of significant harm" to an individual (or a "RROSH"). The number of affected persons is irrelevant: whether the breach affects one person or one million people, the existence of a RROSH is what triggers your obligations. Here is what you need to know about RROSHs:

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