Canada
The criminal courts do not play a role in enforcing or prosecuting under PIPEDA. Consequences of non-compliance 8.1. Consequences and penalties for a data breach Section 28 (1) of PIPEDA states that organizations that knowingly fail to report and maintain records of every security breach that could result in a real risk of significant harm to an individual could be found guilty of: (a)An offence punishable on summary conviction and liable to a fine not exceeding $C10,000; or (b)An indictable offence and liable to a fine not exceeding $C100,000. 8.2. Consequences and penalties for other violations and non- compliance Section 28(1) of PIPEDA also applies to the following offences: obstructing the Commissioner or the Commissioner's delegate in the investigation of a complaint or in the conduct of an audit; failing to retain personal information that is the subject of an access request for so long as is necessary to enable the requester to exhaust any recourse available under PIPEDA; and disciplining or otherwise disadvantaging an employee who has acted in good faith and based on reasonable belief with a view to securing compliance with PIPEDA.
The CPPA provides for the same offences as PIPEDA but it would add one more offence: a breach of the prohibition on using de-identified information alone or in combination with other information to identify an individual. Offences under the CPPA are subject to higher penalties. Indictable offences could see fines of up to $C25 million or five percent of the organization's gross global revenue. For summary offences the fines will be up to $C20 million of four percent of the organization's gross global revenue. and provincial/territorial laws, reflects a commitment to balancing individual privacy rights with organizational needs in the digital age. While PIPEDA has served as the cornerstone of private-sector privacy regulation for over twenty years, recent Conclusion Canada's privacy landscape, governed by federal developments such as the proposed modernization of PIPEDA under Bill C- 27 are long overdue. The European Commission renewed Canada's adequacy status on January 15, 2024. An adequacy ruling allows data controllers or data processors to transfer personal data to a country outside the European Union ("EU"). The ruling signifies that the receiving country's privacy laws have an adequate level of protection for personal data. When a country is granted adequacy status, personal data can flow to and from the EU
https://www.foglers.com/
Made with FlippingBook - PDF hosting