New PIPEDA Data Breach Regulations Proposed: Advocacy Alert
March 14, 2016

alert2.jpgNew PIPEDA Data Breach Regulations Proposed


++ Action Item: The Department of Innovation, Science and Economic Development Canada is calling for input on the new PIPEDA data breach regulations being proposed. Please review the Backgrounder below and then send your commentary (before May 31, 2016) to CATAAlliance at jreid@cata.ca. We will then assist with advancing community advocacy as part of our competitive innovation nation campaign.


Backgrounder:


View full discussion paper on-line: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11177.html  


On June 18, 2015, the Digital Privacy Act (also known as Bill S-4) received Royal Assent in Canada’s Parliament. TheDigital Privacy Act amended Canada’s private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). In general, PIPEDA sets the rules for the collection, use and disclosure of personal information by organizations in the course of commercial activities. It establishes basic legal requirements that private-sector organizations must respect to ensure that Canadians trust that their privacy will be protected when their personal information is in the hands of businesses.


Among other important changes, the Digital Privacy Act amended PIPEDA to require private‑sector organizations to notify Canadians in circumstances where their personal information has been lost or stolen, and they have been put at risk of harm as a result. In addition, organizations are required to report these potentially harmful data breaches to the Privacy Commissioner of Canada.


The new data breach requirements in PIPEDA will come into force once the Government passes regulations, which will provide greater clarity and specificity of the requirements of the Act. The purpose of this discussion paper is to solicit stakeholder input and views on these regulations. Comments received will be taken into consideration in the preparation of the draft regulations.


Interested stakeholders are encouraged to review the issues identified in this consultation paper and to provide written comments and responses to questions by no later than May 31, 2016. Submissions (Microsoft Word or Adobe PDF) may be sent electronically to: ic.ised.breach-atteinte.isde.ic@canada.ca; or in hard-copy format by mail to: Data Breach Consultations, Privacy and Data Protection Directorate, Innovation, Science and Economic Development Canada, 235 Queen Street, Ottawa, Ontario K1A 0H5.

Please note that, throughout this document, references are made to legislation and regulations in other jurisdictions that are current to December 17, 2015. As a result, any developments in these jurisdictions beyond this date are not reflected.


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The Canadian Advanced Technology Alliance (CATAAlliance) is Canada's One Voice for Innovation Lobby Group, crowdsourcing ideas and guidance from thousands of opt in members in moderated social networks in Canada and key global markets. (No Tech Firm Left Behind)