The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Thursday, June 23, 2005

Ontario IPC: Make privacy breaches reportable 

Ontario's Information and Privacy Commissioner is recommending that the province pass a law requiring notification of privacy breaches, like California's law:

CBC Toronto - Make privacy breaches reportable: Cavoukian:

"CBC NEWS – Ontario's privacy commissioner says the province should pass a law requiring businesses to notify customers if there has been a security breach involving their personal information.

Ann Cavoukian says that information is often released by mistake, accessed by electronic interlopers who hack into computer systems, or accessed by rogue employees who sell it.

With the threat of identity theft on the rise, Cavoukian says consumers should have a legal right to be notified when their personal information has been compromised.

"How would you know if your information is at risk? The fastest way … is to have the organization notify you," she said.

Canadian Federation of Independent Business spokesperson Judith Andrew acknowledges that businesses have an obligation to inform customers of security breaches.

However, Andrew said make it a legal requirement is a heavy-handed response that would hurt businesses.

"A proposal for many new protocols and all that kind of thing may end up being a useful thing to do," she said, "but it's more likely to just impose a burden that's huge and difficult to comply with for the vast majority of business out there."

Cavoukian says such a law already exists in California, and is under consideration in 30 American states."

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