Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 15 Proactive Reporting of Privacy Breaches A privacy breach occurs when there is an unauthorized collection, use or disclosure of personal information.18 For more on what constitutes a privacy breach see the Guide to LA FOIP, Chapter 6, “Protection of Privacy” at Privacy Breaches. When a local authority believes that a privacy breach may have occurred, it has the option to proactively report the matter to the Information and Privacy Commissioner (IPC) rather than wait for the IPC to learn about the breach through other sources such as the media or affected individuals. The IPC has a form titled, Proactively Reported Breach of Privacy Reporting Form: for Public Bodies. Local authorities should complete this form and submit it to intake@oipc.sk.ca. Some of the benefits of proactively reporting privacy breaches include: • May reduce the need for the IPC to issue a public report on the matter. • Receive timely, expert advice from the IPC - the IPC can help guide the local authority on what to consider, what questions to ask, and what parts of LA FOIP or The Local Authority Freedom of Information and Protection of Privacy Regulations may be applicable. • Should the media contact the local authority, the local authority can advise it has notified the IPC of the privacy breach and will seek assistance from the IPC with handling it. • Should affected individuals contact the IPC, the IPC can assure the individuals that the IPC is aware of the breach which may prevent a formal complaint to the IPC. When a local authority proactively reports a privacy breach to the IPC, a file will be opened. The local authority will be asked to complete and provide the IPC’s Privacy Breach Investigation Questionnaire (Questionnaire) and any other relevant material within 30 days. The Questionnaire takes local authorities through the four best practice steps of responding to a breach (see four steps below). The completed Questionnaire should provide the IPC with 18 SK OIPC Dictionary available at https://oipc.sk.ca/resources/dictionary/.
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