Insights Header image
Insights Header image
Insights Header image

Act 25 and Confidentiality Incidents – The first Draft Regulations… remain a draft!

November 16, 2022 Privacy and Data Protection Bulletin 2 minute read

On July 13, 2022, we informed you in our bulletin entitled Act 25 – First Draft Regulation, On Your Marks, Get Set, Go! that the first draft Regulation respecting confidentiality incidents (hereinafter the “Draft Regulations“) had been published and would come into force, with its corollary obligations, on September 22, 2022.

While the prescribed “commenting period” has passed, the Draft Regulations have not yet been confirmed. In other words, the Draft Regulations did not come into force on September 22, 2022. Notwithstanding, the sections addressing new obligations surrounding confidentiality incidents (sections 3.5 to 3.8) of the Act to modernize the legislative provisions as regards the protection of personal information (the “Act”), did.

The enactment of regulations surrounding confidentiality incidents therefore remains outstanding. However, this does not mean that you should not currently take steps to comply with your new obligations under the Act.

What should organizations do now?

Not all is lost – the subsequent proposed regulations will likely be relatively similar to the first set of Draft Regulations.

We therefore recommend that you take steps to comply with the new requirements surrounding confidentiality incidents, outlined in our previous publication, based on guidelines set out in the Draft Regulations, particularly as it relates to notifying concerned individuals of confidentiality incidents and developing your register of confidentiality incidents.

Taking such steps will ensure that your organization complies with the new requirements and will be prepared to quickly address any necessary adjustments once new regulations on confidentiality incidents come into force.

We will keep you informed of any further developments regarding regulations under the Act. Please contact a member of our Privacy and Data protection team if you have any questions regarding the Draft Regulations or Act 25.

by Candice Hévin and Marie-Eve Jean

A Cautionary Note

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2022

Insights (5 Posts)View More

Featured Insight

R. vs Greater Sudbury Webinar

Following a brief overview of the case and the SCC’s split decision, this discussion will focus on the implications of the decision to the roles and responsibilities of each project party, including the owner, contractor and design consultant (architect and engineer). The discussion will be interactive and will include an extensive Q&A period.

Details
Wednesday, December 13, 2023
Featured Insight

Client Alert – Certain Canadian Corporations May Be Subject to US Corporate Transparency Act Reporting Requirements

Certain Canadian Corporations Conducting Business in the United States May Be Subject to US Corporate Transparency Act Reporting Requirements

Read More
Nov 29, 2023
Featured Insight

Could it be True? Canada to Introduce Open Banking Legislation

On November 21, 2023, the Government of Canada released its 2023 Fall Economic Statement. The Economic Statement announced the federal government's intention.

Read More
Nov 29, 2023
Featured Insight

Net Zero Plans Deserve Closer Attention Than They Are Getting

This bulletin provides guidance for companies on practices around net zero plans

Read More
Nov 29, 2023
Featured Insight

Necessary Guidance: Ontario Capital Markets Tribunal Provides Key Insights on the ‘Necessary Course of Business’ Exception in Kraft (Re)

The first application of the "necessary course of business" defense to tipping, Kraft (Re) offers key insights when handling material non-public information.

Read More
Nov 29, 2023