Will France adopt a law requiring the notification of security breaches?

A French bill “to better guarantee the right to privacy in the digital age” has implemented the European Directive 2009/136/EC by requiring the data controller to inform the “Data Protection Correspondent” (a person within an organization who could be the controller or someone assisting the controller), or in the absence thereof, the French data protection authority (the Commission Nationale de l’Informatique et des Libertés), of a breach of integrity or confidentiality. Those involved in the breach must also be informed, at least if security breaches are “likely to adversely affect” their personal data. The bill follows the recommendation of the Directive to notify individuals of security breaches for all sectors, not just electronic communications. It was adopted by the French Senate on March 24, 2010 and is currently before the National Assembly.
(A French version of this article is also available in this blog.)

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Canada May Soon Have a Data Breach Law

Canadian Industry Minister Tony Clement introduced a bill on May 25, the Safeguarding Canadian’s Personal Information Act (C-29), which would amend Canada’s national privacy legislation, the Personal Information and Electronic Documents Act of 1998 (“PIPEDA”). C-29 would introduce a security breach disclosure (also called “notification” in the United States) requirement in PIPEDA. Canada does not yet have such a law, contrary to the United States where the majority of states have enacted data breach notification statutes.

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