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Overview
Public bodies must manage and protect personal information in their custody or under their control.
A public body has 'custody' of a record or information when it is in the physical possession of the public body.
A record or information is under the 'control' of a public body when the public body has the authority to manage it, including restricting, regulating and administering its use, disclosure or disposition.
A privacy incident occurs when there is unauthorized access, collection, use, disclosure, destruction or loss of personal information held by a public body.
Report a privacy incident
Where there exists a real risk of significant harm to an individual because of the privacy incident, POPA requires a public body to give notice of the incident in writing to:
- the impacted individual(s)
- Information and Privacy Commissioner (report a privacy breach)
- the Minister responsible for this Act (the Minister of Technology and Innovation)
Submit a privacy incident to the Minister of Technology and Innovation