The Erasure Affidavit is a crucial document in Canadian privacy law compliance, designed to facilitate individuals' rights to request the erasure of their personal data. This document type emerged from the growing need to formalize data erasure requests under various privacy regulations, including PIPEDA and provincial privacy laws. The affidavit format provides legal weight to the request and ensures clear documentation of the erasure demand. It is particularly useful when dealing with multiple organizations, when previous informal requests have been unsuccessful, or when there's a need to demonstrate the formal nature of the request. The document includes detailed information about the requestor, the organization holding the data, specific data to be erased, and the legal basis for the request, all verified through a formal sworn statement.
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1. Title and Jurisdiction: Formal title of the document and jurisdiction where the affidavit is being sworn
2. Affiant Information: Full legal name, address, and contact information of the person making the affidavit (the affiant)
3. Legal Capacity Declaration: Statement of the affiant's legal capacity to make the request (e.g., data subject, authorized representative)
4. Organization Details: Full name and contact information of the organization(s) holding the personal data
5. Data Identification: Clear description of the personal data requested to be erased
6. Legal Basis: Citation of relevant privacy laws and legal grounds for the erasure request
7. Verification Statement: Formal statement verifying the truth of the contents
8. Jurat: Formal closing, including date, location, and notary/commissioner details
1. Urgency Declaration: Section to be included when immediate erasure is required due to specific risks or circumstances
2. Third Party Processors: To be included when known third-party processors also need to erase the data
3. Previous Correspondence: Reference to any previous communication regarding the erasure request
4. Harm Statement: Description of actual or potential harm from continued data retention, if applicable
5. Representative Authority: To be included when the affiant is acting on behalf of another person
6. Special Categories Declaration: For requests involving sensitive personal data categories
1. Schedule A - Data Inventory: Detailed list of specific personal data requested for erasure
2. Schedule B - Identity Verification: Copies of identity documents or proof of authority
3. Schedule C - Previous Communications: Copies of relevant previous correspondence regarding the erasure request
4. Appendix 1 - Supporting Evidence: Any additional documentation supporting the erasure request
5. Appendix 2 - Proof of Authority: Documentation proving authority to act (if acting as representative)
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Retail
Education
Insurance
Telecommunications
Professional Services
Government Services
E-commerce
Social Media
Human Resources
Marketing Services
Relevant Teams
Legal
Privacy
Compliance
Information Security
Data Governance
Risk Management
Information Management
Records Management
Corporate Services
Regulatory Affairs
Relevant Roles
Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Officer
Records Manager
Privacy Analyst
Data Governance Manager
Risk Manager
Compliance Officer
Privacy Coordinator
Information Management Specialist
Chief Privacy Officer
Data Protection Specialist
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