The accountability guidance assists organizations in considering
the following essential elements of demonstrating accountability
under privacy legislation in Canada. In particular, privacy
legislation in Canada is typically interpreted as requiring:
Privacy Officer. The appointment of a
designated person to oversee compliance with Canadian privacy
legislation. In larger organizations, this may require a privacy
group or office.
Policies & Education. The establishment of
privacy policies and processes for training and on-going training
of employees with respect to those policies.
Governance of Third-Party Processors. The
inclusion of privacy guarantees and audit rights with respect to
the organization's third-party processors of personal
Inquiries & Complaints. Systems to
identify requests for access and correction of personal information
or complaints regarding the collection, use, retention or
disclosure of personal information and trained staff to respond to
those requests and complaints. This also requires organizations to
understand what personal information they have collected and who
has custody of it.
Risk Assessment. Organizations are responsible
for engaging in risk assessment in all aspects of the life-cycle of
personal information – collection, uses, new uses,
retention, disclosure and destruction of information –
and to demonstrate risk-minimization strategies through
administrative, physical and technological procedures.
Breach Response Procedures. Organizations
should have breach detection and response protocols that are
compliant with general privacy principles and any applicable
mandatory breach notification requirements.
About Fraser Milner Casgrain LLP (FMC)
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firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
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of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
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counsel to our clients is complemented by an ongoing commitment to
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Join our partners Karen Martin and Ryan Chalmers at the Pacific Business & Law Institute’s program, where they will be presenting a session titled "Procurement: Compliance with AIT, NWPTA, TILMA, NAFTA, TPP, CETA and the Statutes." This forum assembles leading government advisors to provide insights on key issues in local government today.
Potential damages of up to $1 million per day may be imposed. I refer to the blog by Aaron Baer "Are You Compliant With Canada's Anti-Spam Law? If Not, Expect Lawsuits Starting on July 1 of This Year."
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