Important Recommendations from the QC Privacy Commissioner

On October 3, 2016, the Commission d’accès à l’information (CAI) released its 2016 quinquennial report, entitled “Rétablir l’équilibre” (Restoring the Balance), concerning the application of the Act respecting documents held by public bodies and the protection of personal information and the Act respecting the protection of personal information in the private sector (the “Private Sector Act”). Among the 67 recommendations made to the Government of Québec in the report, our attention has been drawn in particular to 10 proposals which could have a significant impact on private sector organizations carrying on activities in Québec. These include recommendations pertaining to:

  • The obligation of accountability of enterprises and the establishment of the position of a person in charge of access and the protection of personal information;
  • Changes in the concept of a “file”;
  • The exclusion of employee information from the definition of “personal information”
  • The concept of “manifest consent”
  • Consent and sensitive information
  • New right of withdrawal of consent, at any time
  • Genetic, insurance and employment information
  • The management of biometric information
  • Mandatory reporting of security-related incidents affecting personal information
  • Transfers out of Québec (and obligations)

This content has been updated on May 2, 2024 at 15 h 04 min.