Canada:
Winter Is Coming: Preparing For Canada's New Mandatory Federal Data Breach Regulations
17 October 2018
Torkin Manes LLP
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After years of waiting, the countdown is on.
As of Nov. 1, 2018, organizations subject to the federal
Personal Information Protection and Electronic Documents Act that
experience a data breach (referred to in PIPEDA as a "breach
of security safeguards") involving personal information will
be required to report the breach to the Privacy Commissioner of
Canada if the breach poses a "real risk of significant
harm" to individuals, notify the affected individuals and
notify other third-party organizations and government institutions
(or part of government institution) of the data breach if the
notifying organization concludes that such notification may reduce
the risk of harm that could result from the breach and keep robust
records of all breaches.
This article was originally published in Canadian Lawyer Online.
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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