This bill modernizes the framework applicable to the protection of personal information in various statutes, including the Act respecting access to 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 bill introduces to these two statutes rules concerning the handling of incidents affecting
, to publish and disseminate a privacy policy.
It also introduces the requirement that a
involving the collection, use, communication, retention or destruction of personal information. The bill specifies various consent requirements prior to the collection, use or disclosure of personal information. It stipulates that public bodies and businesses must seek consent from the person concerned, separately from any other information communicated to that person. It stipulates that the consent required for certain uses or disclosures of sensitive personal information must be expressly given. It also requires the consent of the person with parental authority for the collection, use or disclosure of personal information concerning a minor under the age of 14.
In addition, the bill provides a framework for public bodies and businesses when personal information is collected using technology that includes functions for identifying, locating or profiling the person concerned, as well as when personal information is used to make a decision based exclusively on its automated processing, by requiring that certain information be provided to the person concerned. It also establishes an individual's right to
or to demand that the information be communicated to a third party.
The bill amends the conditions under which public bodies and businesses may communicate personal information without the consent of the individuals concerned to a person or organization wishing to use this information for study, research or statistical purposes. It also specifies the conditions applicable to other communications of personal information not requiring the consent of the person concerned, such as a communication made outside Quebec, a communication made for the benefit of a spouse or close relative of a deceased person, or a
.
The bill specifies the obligations of public bodies and enterprises with regard to the retention of personal information, notably by providing for
. The bill revises the functions and powers of the Commission d'accès à l'information. The bill amends the penal provisions applicable to contraventions of the Act, notably by increasing the amount of fines. More specifically, the bill amends the Act respecting access to documents held by public bodies and the protection of personal information, to provide a framework for the creation of an access to information and protection of personal information committee within public bodies. In addition, the bill establishes the position of personal information manager, specifying the procedures for designating such a manager, as well as the duties and powers pertaining to this position.
and to require them to ensure that the parameters of the technological products or services they use to collect personal information ensure, by default, the highest level of confidentiality without any intervention on the part of the person concerned.
The Bill
The bill
, including the right to demand that the dissemination of such information cease, or that a hyperlink attached to his or her name allowing access to this information by technological means be de-indexed or re-indexed. The bill revises the obligations imposed on personal information agents and provides for the possibility of the Commission d'accès à l'information imposing administrative monetary penalties, as well as the procedures for recovering and claiming amounts owed. The bill also amends the Election Act to make entities authorized under it subject to the provisions of the Act respecting the protection of personal information in the private sector, while providing for certain exceptions. Finally, the bill contains amending, transitional and final provisions.
LEGISLATION AMENDED BY THIS BILL:
