What breach notification obligations are set forth in Alberta’s breach notice law?
There are actually two potential notification obligations in Alberta’s breach notice law. The primary obligation requires organizations to provide notice to Alberta’s Information and Privacy Commissioner (the “Commissioner”): 34.1(1) An organization having personal information under its control must, without unreasonable delay, provide notice to the Commissioner of any incident involving the loss of or unauthorized access to or disclosure of the personal information where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure. (emphasis supplied). In addition, organizations that suffer a breach may also have to provide notice to the impacted individuals: 37.1(1) Where an organization suffers a loss of or unauthorized access to or disclosure of personal information that the organization is required to provide notice of under section 34.1, the Commissioner may require the organizat
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