Privacy responsibilities Breaches
If something goes wrong: privacy breach basics
A breach is any time patient information is lost, stolen, seen or shared without permission. Many are small: a fax to the wrong number, an email to the wrong patient. Act the same way every time: contain it, assess it, get your vendor’s facts, notify by your law’s deadline, and record it.
What counts as a breach
- A lost or stolen laptop, phone or USB key
- Information sent to the wrong recipient
- A staff member looking at a record they had no reason to see
- An account taken over by someone else
- Ransomware or another cyberattack
The first five steps
Contain it.
Stop the harm from growing.
Recall the email, retrieve the paper, lock the account, change the password, disconnect the device.
Assess it.
The risk decides who you must tell.
What information, how many people, how sensitive, and how likely it is to be misused.
Get your vendor’s facts.
If a vendor was involved, you need its account to notify anyone.
Ask what happened, when, which records, and what has been done.
Notify by your law’s deadline.
Every law below sets its own.
Use the table. When in doubt, call your privacy officer the same day.
Record it.
Every law expects a record, including breaches you did not have to report.
What happened, when you found out, what you did, and who you told.
Who to notify, and when
Who to notify, and when
| Law | Patients | Regulator | Records | Source |
|---|---|---|---|---|
| Ontario (PHIPA) | At the first reasonable opportunity | IPC at the first reasonable opportunity, in the cases the regulation lists | Annual statistics to the IPC by March 1, if you had any breach | Official source |
| Québec | Promptly, when there is a risk of serious injury | The Commission promptly; under the health information act, the Minister too | A register of every incident | Official source |
| PIPEDA | As soon as feasible, when there is a real risk of significant harm | Office of the Privacy Commissioner, as soon as feasible | A record of every breach, kept for two years | Official source |
| HIPAA | Without unreasonable delay, within 60 days | HHS within 60 days for 500 or more people; within 60 days after year end for fewer. Media when more than 500 residents of a state or jurisdiction | Documentation kept for six years | Official source |
| PulseAI, as your vendor | Your clinic notifies, as custodian or covered entity | Your clinic notifies | If anything is ever accessed or shared without permission, we tell you right away. | Trust Center |
Why it matters
Regulators judge a breach by how the clinic responded. A fast, recorded, honest response is what keeps a small incident small.
Common mistakes
- Waiting for every fact before telling anyone.
- Recording only the breaches that were reported.
- Not asking the vendor for a written account.
How PulseAI helps
- If anything is ever accessed or shared without permission, we tell you right away.
- If a breach ever happens, we tell you without delay, as the law requires.
- A log of who touched what, kept for seven years in your clinic’s own country, and yours whenever you ask.
See how we protect your data on the Trust Center.
Questions, answered
Is a fax to the wrong number a breach?
Yes, if it contained patient information. Retrieve it, assess the risk, notify as your law requires, and record it.
Do I have to report every breach to the regulator?
No. Each law sets a threshold. But in Ontario, Québec and under PIPEDA you keep a record of every breach, and Ontario custodians report annual statistics.
Who notifies patients when a vendor causes the breach?
Usually you, as the custodian or covered entity. Your vendor agreement should require the vendor to tell you promptly and give you the facts.
Your next step
Give every patient a clear privacy statement, and keep their acknowledgement on file.
Comparing vendors? Request our security package.
This page explains common obligations in plain language. It isn’t legal advice. Check with your privacy officer or lawyer for your situation.
Your privacy responsibilities: the other pages
- OntarioDuties of a health information custodian.
- QuébecLaw 25 and the health information act.
- Rest of CanadaPIPEDA and provincial health acts.
- United StatesDuties of a covered entity.
- Working with vendorsBAAs and service agreements.
- Using AI with patient dataFive plain rules.
- Patient privacy templatesFree statements and acknowledgements.
How we protect your patients’ information is on our Trust Center.