Modernizing BC’s Privacy Laws: Mandatory Breach Notification Requirements and Privacy Management Programs for Public Bodies

On February 1, 2023 two significant amendments to British Columbia’s Freedom of Information and Protection of Privacy Act (“FOIPPA”) will come into force and which will have major impacts on public bodies handling and management of personal information:

• The implementation of mandatory privacy breach notification requirements; and
• The requirement for public bodies to implement a privacy management program.

To familiarize public bodies with these looming changes and to authorize their adoption into FOIPPA, the Government of British Columbia recently issued an order of the lieutenant governor in council and a ministerial direction from the Minister of Citizens’ Services, which outline the breach notification requirements and set out the necessary building blocks for the design of a privacy management program. These statutory changes are briefly summarized in this article.

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