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Breach Report - Office of the Information and Privacy Commissioner ...

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June 18, 2012<br />

<strong>Commissioner</strong> issues report on two years <strong>of</strong> m<strong>and</strong>atory breach<br />

reporting in Alberta<br />

Amendments to Alberta’s Personal <strong>Information</strong> Protection Act (PIPA) requiring private sector<br />

organizations to report certain privacy breaches to <strong>the</strong> <strong>Information</strong> <strong>and</strong> <strong>Privacy</strong> <strong>Commissioner</strong> took<br />

effect in May <strong>of</strong> 2010.<br />

Any personal information breach that presents a real risk <strong>of</strong> significant harm must be reported to<br />

<strong>the</strong> <strong>Commissioner</strong>. The <strong>Commissioner</strong> in turn can require an organization to notify affected<br />

individuals <strong>of</strong> <strong>the</strong> breach, which allows people to take <strong>the</strong> necessary steps to protect <strong>the</strong>mselves<br />

against risks such as identity <strong>the</strong>ft.<br />

As <strong>of</strong> April 30 <strong>of</strong> this year, 151 breach reports have been received by <strong>the</strong> <strong>Office</strong> <strong>of</strong> <strong>the</strong> <strong>Information</strong><br />

<strong>and</strong> <strong>Privacy</strong> <strong>Commissioner</strong>. <strong>Commissioner</strong> Jill Clayton says “Alberta is <strong>the</strong> only jurisdiction in<br />

Canada where <strong>the</strong>re is a legal requirement to advise <strong>the</strong> <strong>Commissioner</strong> <strong>of</strong> certain breaches. The<br />

reports give us an idea <strong>of</strong> how <strong>and</strong> why breaches are occurring, <strong>and</strong> also tell us how <strong>the</strong> private<br />

sector is responding.”<br />

Clayton adds that organizations are in a learning curve, <strong>and</strong> m<strong>and</strong>atory reporting has become an<br />

important educational tool. “We are finding that organizations are taking breaches seriously <strong>and</strong><br />

are developing proper policies, procedures <strong>and</strong> security arrangements to protect personal<br />

information. But, <strong>the</strong> numbers show <strong>the</strong>re is still a lot <strong>of</strong> work to be done in making sure <strong>the</strong><br />

personal information <strong>of</strong> Albertans is protected.”<br />

The majority <strong>of</strong> reported breaches involve human error such as misdirected email, faxes, stolen or<br />

lost unencrypted electronic devices <strong>and</strong> improper record <strong>and</strong> electronic media destruction. Many <strong>of</strong><br />

<strong>the</strong>se breaches are preventable with proper security systems <strong>and</strong> encryption.<br />

The breach report update is available on <strong>the</strong> OIPC website at www.oipc.ab.ca<br />

Contact:<br />

-30-<br />

Wayne Wood<br />

Communications Director<br />

<strong>Office</strong> <strong>of</strong> <strong>the</strong> <strong>Information</strong> & <strong>Privacy</strong> <strong>Commissioner</strong><br />

(780) 644-4015


Backgrounder on M<strong>and</strong>atory <strong>Breach</strong> Notification<br />

<br />

<br />

<br />

M<strong>and</strong>atory breach notification became <strong>the</strong> law in Alberta May 1, 2010 as part <strong>of</strong><br />

amendments to <strong>the</strong> Personal <strong>Information</strong> Protection Act (PIPA).<br />

Alberta is <strong>the</strong> only jurisdiction in Canada that requires private sector organizations<br />

to report certain breaches to <strong>the</strong> <strong>Commissioner</strong>. The <strong>Commissioner</strong> also has <strong>the</strong><br />

power to require organizations to notify affected individuals.<br />

From May 1, 2010 to April 30, 2012, <strong>the</strong> OIPC received 151 breach reports:<br />

o 63 breaches involved a real risk <strong>of</strong> significant harm to an individual<br />

o 51 breaches involved no risk for significant harm<br />

o In 24 cases PIPA did not apply<br />

o 13 cases were still under review<br />

<br />

The four main causes <strong>of</strong> <strong>the</strong> 63 breaches which involved a real risk <strong>of</strong> significant<br />

harm included:<br />

o 22 breaches caused by human error such as misdirected faxes, emails sent<br />

to <strong>the</strong> wrong individuals, inappropriate disposal <strong>of</strong> personal information, loss<br />

<strong>of</strong> files <strong>and</strong> electronic devices, etc.<br />

o 18 breaches caused by <strong>the</strong>ft <strong>of</strong> computer devices, including laptops, memory<br />

sticks <strong>and</strong> hard drives<br />

o 14 breaches caused by electronic system compromises<br />

o 9 breaches caused by failure to control access to files <strong>and</strong> networks

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