Sentences with phrase «data holder»

Second, there needs to be a clearer legal definition for what information needs to be classified, so that this decision is not left up to the discretion of data holders.

To date no search engine or other data holder has been subjected to a right to be forgotten under Canadian privacy law.

The GDPR changes require data holders to show that whatever is being stored is necessary, which means you shouldn't be holding onto information you no longer need.

This regime was meant to prevent data holders from taking advantage of disparate levels of protection and from transferring personal data to «data havens», which would result in a dilution of the safeguards offered by EU data protection law and in a distortion of competition.

The Canadian Internet Policy and Public Interest Clinic (CIPPIC) recommended that the Privacy Commissioner of Canada should set up such a data base, and that all breaches, however slight, should appear in it.26 This would serve as an additional incentive for data holders to be prudent, to stay out of the data base, and also provide a useful overview of the state of data security in the relevant jurisdiction.

The UK's Information Commissioner has historically taken the approach that it wants to help Data Holders comply with the rules but GDPR brings about a change in culture to enforcement and ignorance or a lack of resources will no longer be considered an acceptable excuse.

[44] Recommendation: If the policy choice is to require data holders to disclose breaches to the privacy commissioners and review officers and follow their advice, then the legislation does not need to spell out the content of the notices.

I am especially interested in court rulings, since the threat of litigation can focus the data holder's mind as much as or even more than a regulator's order.

The Commissioner is given no express power to order a data holder to notify if the data holder has chosen... [more]

What is the choice but to have the data holder make the first choice about some kind of disclosure — whether to require a report to the Commissioner or a notification to individuals?

One can set up a system by which the Commissioner can order notification (as in Alberta) or by which the Commissioner can suggest notification (as in PIPEDA as to be amended), but unless the data holder tells somebody, or unless particular information is able to be traced back to the holder — not obvious in every breach — then the holder always gets the first cut.

The Commissioner is given no express power to order a data holder to notify if the data holder has chosen not to, and no express penalties for failing to report to the Commissioner or to notify the affected individuals.

In R v Spencer, the Court held that the provision of PIPEDA did not create any right to get the information; it dealt only with the ability of the data holder to release it.

A civil remedy would be a lawsuit between the data subject whose information has been compromised, and the data holder.

[40] Again, the privacy commissioner or review officer can advise — and if the data holder is to be left to decide, then it will have to do so, and the law should perhaps provide guidance — on how to give notice of the breach.

Will bulk notice via the media be appropriate for very large groups, or for groups for which the data holder does not have addresses?

[38] Recommendation: The data holder should have to notify the relevant privacy commissioner or privacy review officer of any breach involving unauthorized disclosure of or access to personal information.27 The commissioner or officer should have the power to require the data holder to notify individuals if the statutory test for notice is met.

[32] The main alternative to leaving the data holder to decide whether to disclose is to give the decision to the authority responsible for enforcement of information privacy legislation in the jurisdiction.

The commissioner would investigate the circumstances with the data holder and would decide whether notification was desirable or not.

That will be a matter for the commissioner or review officer and the data holder.