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OPC Revises Investigative Finding Language

PRIVACY LAW

March 30, 2012

According to a press release, the Office of the Privacy Commissioner (OPC) has revised its investigative dispositions under the Personal Information Protection and Electronic Documents Act (PIPEDA). The alterations particularly concern the OPC's considerations of whether an investigation is resolved. "Well-founded and resolved" will now be "well-founded and conditionally resolved" for cases involving an organization that has breached PIPEDA and has committed to implement the OPC's recommendations "within a specified period of time." The OPC has also updated "resolved" findings to now read "well-founded and resolved," which, according to the report, "will help to ensure clarity...and will be reserved for cases where an organization has demonstrated that it has taken corrective action before a finding is issued."
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