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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About this page and the author
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.
Sunday, August 26, 2007
NZ commissioner to release breach guidelines
New Zealand's privacy commissioner, Marie Shroff, is going to introduce voluntary privacy breach guidelines today. I understand they are modeled on those recenly produced by the Canadian Privacy Commissioner. I'll post a link when they are released.
Computerworld > Privacy Commissioner boosts breach disclosure drive with guidelinesPrivacy Commissioner Marie Shroff will today announce a draft guide for the management of data breaches in business and government, in what could be the first step towards introducing data breach disclosure laws to New Zealand.
The guidelines are not mandatory, however. Shroff says she may consider whether breach notification should be a mandatory part of New Zealand law, as is the case in parts of North America and has been recommended in Canada.
The guidelines say data breaches should be managed in four stages: containing and assessing the breach; evaluating the risks; considering or undertaking notification; and putting in place future prevention measures.
“Be sure to take each situation seriously and move immediately to investigate the potential breach,” the guidelines say. “Steps 1, 2 and 3 should be undertaken either simultaneously or in quick succession. Step 4 provides recommendations for longer-term solutions and prevention strategies. The decision on how to respond should be made on a case-by-case basis.”
UPDATE: Here are the materials posted on the NZ Commissioner's website:
Key steps for agencies responding to privacy breaches and privacy breach guidelines. The Commissioner welcomes feedback on the draft documents. Comments due by 28 September 2007.Download the documents
- Information paper DOC, 210KB
- Privacy Breach Guidance Material DOC, 258KB
- Privacy Breach Media Release DOC, 133KB
- Background Summary for the Media DOC, 140KB
Labels: breach notification, new zealand, privacy
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