Compliance and privacy9 min read · 13 sections
Privacy Breach Response in Canada: Who to Notify and When
After a privacy breach in Canada, you need to contain it, assess the risk of harm, and decide quickly who must be notified under PIPEDA, Quebec Law 25, Alberta PIPA or another applicable law. This guide sets out the steps, the legal tests, the people to call and the records you must keep.
Key takeaways
- Contain first, then assess: you cannot decide on notification until you know what data was involved and who could access it.
- PIPEDA and Alberta PIPA use a real risk of significant harm test; Quebec Law 25 uses a risk of serious injury test.
- Under PIPEDA you must keep a record of every breach of security safeguards for 24 months, even when it is not reportable.