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PIPEDA's Security Breach Notification Provisions in force November 1, 2018

April 4, 2018

PIPEDA's new security breach notification regime will come into force on November 1, 2018, according to an Order in Council issued on March 26, 2018.

This new security breach regime, which is expected to have a significant impact on the Canadian data arena, sets out a three-pronged notice requirement if it is reasonable to believe that a breach of security safeguards involving personal information creates a real risk of significant harm to an individual. In such circumstances, organizations will be required to provide (i) a report to the Office of the Privacy Commissioner of Canada, (ii) notice to affected individuals, and (iii) notice to certain other organizations.

We will be commenting on this development on our next AccessPrivacy monthly call on April 18, 2018 at 11:30 a.m. EST.

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