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Legal Considerations Related to Reporting Breaches to a Commissioners’ Office (Canada)
August 2009
Barbara McIsaac
Counsel
Borden Ladner Gervais LLP |
What is the legalese of a data breach?
I consider a data breach to be an unauthorized collection, use or disclosure of personal information – either by the organization (including a government) which has the custody and control of the information using or disclosing it in a manner that is not consistent with its privacy policy and the consents that it has obtained, or by a third party gaining unauthorized access to the information.
Other topics of interest in this interview include:
- Organizations reporting data breaches to the Commissioners’ office
- Reporting breaches as voluntary admittance of non-compliance
- Power of the Commissioners’ office to mandate breach notification
- Expectations of organizational process in handling a breach
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