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.

Wednesday, December 07, 2005

Private member's bill in Ontario calls for security breach notification 

Ontario MPP Tony Ruprecht has introduced a private member's bill (Bill 38) in the provincial parliament calling for security breach notification. The bill is an amendment to the Consumer Protection Act and includes the following provision:

"7. The Act is amended by adding the following section:

Duty to inform consumer of unlawful disclosure

12.1 (1) Every consumer reporting agency shall, immediately on discovering that any of a consumer's information has been unlawfully disclosed, lost or stolen, disclose such discovery to the consumer.

Same, person to whom consumer report provided

(2) Every person supplied with a consumer report by a consumer reporting agency shall, immediately on discovering that any of the consumer's information has been unlawfully disclosed, lost or stolen while the information was in the possession or under the control of the person, disclose such discovery to the consumer. "

Similar bills have been introduced and never passed, but it may be something that will eventually get some traction.

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