Breach Notification Decisions

2021

The Personal Information Protection Act requires breach notification to the Commissioner and affected individuals by private sector organizations where there exists "a real risk of significant harm" to an individual as a result of the loss or unauthorized access to or disclosure of personal information.

The Commissioner publicly makes available the decisions where a real risk of significant harm was identified and notification to affected individuals was required. Decisions where there was no real risk of significant harm identified are not published.

The Commissioner also makes available certain decisions made under the Health Information Act. A custodian may decide not to give notice of a breach where they believe notification to an affected individual could reasonably be expected to result in a risk of harm to the individual’s mental of physical health (section 60.1(5)). When deciding not to give notice, the custodian must notify the Commissioner. The Commissioner may confirm the custodian’s decision not to notify or by order require notice to the affected individual (section 85.1(2)).

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