RCIC data breach documentation under PIPEDA

Answers are general operational information only — not legal, tax, regulatory, clinical, privacy, immigration, or professional advice. Requirements vary by matter, client, and regulator.

Frequently asked questions

Is this legal advice?

No. This article summarizes commonly cited PIPEDA breach-record themes for operational planning. Confirm current obligations with privacy counsel and the Office of the Privacy Commissioner of Canada guidance.

Must every breach be recorded, or only serious ones?

PIPEDA requires a record of every breach of security safeguards involving personal information under the organization’s control — including incidents that do not meet the RROSH threshold for reporting or individual notification.

How long are breach records kept?

Breach of Security Safeguards Regulations require keeping each record for 24 months after the day the organization determines the breach occurred. Other laws or contracts may require longer retention.

When must OPC and individuals be notified?

When it is reasonable to believe the breach creates a real risk of significant harm. Notification decisions need documented analysis — counsel should guide case-specific calls.

Does document-collection software prevent breaches?

No. Canadian hosting and encryption reduce some email-forward risks. Practices still need access control, staff training, and a written incident response process.

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