Note: Individuals should not use this webpage. Individuals may Request a Review / File a Complaint.
How to Notify the OIPC of a Privacy Breach
For Organizations under PIPA, Custodians under HIA and Public Bodies under the FOIP Act
A privacy breach (or breach) means a loss of, unauthorized access to, or unauthorized disclosure of personal information or individually identifying health information.
Read more below about requirements to notify the Commissioner of privacy breaches under PIPA, HIA and the FOIP Act.
Please note that the Office of the Information and Privacy Commissioner has recently revised its procedures for processing breach notifications received under PIPA.
You can access more resources on privacy breach response and notification, including the new procedures, and find the necessary forms here.
Requirement to Notify the Commissioner of a Privacy Breach
Personal Information Protection Act (PIPA)
It is mandatory for an organization with personal information under its control to notify the Commissioner of a privacy breach where "a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure" (section 34.1). "Real risk of significant harm" is also sometimes referred to as a RROSH.
Organizations are required to notify the Commissioner of breaches where RROSH exists without unreasonable delay (section 34.1).
Health Information Act (HIA)
It is mandatory for a custodian having individually identifying health information in its custody or control to notify the Commissioner of a privacy breach if the custodian determines "there is a risk of harm to an individual as a result of the loss or unauthorized access or disclosure" (section 60.1(2)).
Custodians are required to notify the Commissioner of such breaches as soon as practicable (section 60.1(2)).
In addition to notifying the Commissioner of the privacy breach, the custodian is also required by section 60.1(3) of HIA to notify the Minister of Health and the affected individuals of the privacy breach.
Freedom of Information and Protection of Privacy Act (FOIP)
Public bodies are not required by law to notify the Commissioner of a privacy breach. The OIPC encourages public bodies to voluntarily report privacy breaches.