One of the requirements in the Personal Health Information Act (PHIA), is that custodians must report all material privacy breaches to our Office. However, we encourage custodians to report all privacy breaches to our Office.
Section 5 of the Personal Health Information Regulations outlines the factors that are relevant in determining what constitutes a material breach, including:
- the sensitivity of the information involved;
- the number of people whose personal health was involved;
- the potential for the misuse of the information; and
- whether the cause of the breach indicates a systemic problem.
To report a privacy breach to our Office, please complete the Reporting a Privacy Breach Form and send it to breachreport@oipc.nl.ca. Our Office is available to assist custodians with advice whenever they have experienced a breach, whether or not it is a material breach. For more information on how to complete the form, please see our How to Complete the Reporting a Privacy Breach Form Guidelines.