May 20231. Governing TextsPrivacy law in the Province of Quebec is comprised of various federal and provincial statutes. These laws include privacy laws of general application for both private and public organisations, as well as sector-specific statutes and related laws, such as anti-spam note that on 21 September 2021, the National Assembly passed an Act to modernise legislative provisions as regards the protection of personal information 'Act 25' formerly known as 'Bill 64'. Act 25 provides for an entry into force date of over three years, but most of the provisions will enter into force in September 2023. Act 25 has resulted in significant amendments to various laws in order to modernise the regulatory framework for the protection of personal data in Guidance Note has been prepared to take into consideration the significant changes introduced by Act Key acts, regulations, directives, billsAt the provincial level, the Act Respecting the Protection of Personal Information in the Private Sector, CQLR 'the Quebec Private Sector Act' regulates the collection, use, and disclosure of personal information by private organisations referred to as 'enterprises'. At the federal level, private organisations are regulated by the Personal Information Protection and Electronic Documents Act 2000 'PIPEDA'.The Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, CQLR c. 'the Quebec Access Act' regulates the collection, use, and disclosure of personal information by public bodies and provides individuals with a right of access to their personal Anti-Spam Legislation, SC 2010 c 23 'CASL' also regulates commercial marketing provincial laws include privacy provisions, such as the Act to Establish a Legal Framework for Information Technology, c. 'the Quebec Information Technology Act', which includes specific requirements for the collection, use, and disclosure of biometric focus of this Guidance Note will be on the Quebec Private Sector Act and the Quebec Access Act, with limited information on PIPEDA and the GuidelinesThe Quebec Commission on Access to Information 'CAI' publishes guidance materials on its website to inform both the public and organisations of their rights and obligations under Quebec's privacy laws, including the followingthe Evolving Space – Bill 64 only available in French here; andPrivacy Officer guidance only available in French here.Most of the information is published in French, but some is available in English as illustrated belowBiometrics Principles and Legal Duties of Organizations;Pandemic, privacy and protection of personal information;The lease and protection of personal information Principles and guidelines to observe;Access to information and the confidentiality of personal information on Internet;Guide to the destruction of documents that contain personal information;Management of personal information in universities and cegeps;Loss or theft of personal information How should you react? Checklist for citizens; andRules for use of surveillance cameras with recording in public places by public Quebec regulatory framework is supplemented at the federal level by guidance documents relating to the CASL issued by the Office of the Privacy Commissioner of Canada 'OPC' and the Canadian Radio-television and Telecommunications Commission 'CRTC'. Case lawThe following findings and decisions are among the recent and notable findings by the CAI 2014-2022CAI 1016217-S – Investigation into Compagnie Selenis Canada, about the use of a biometric time clock only available in French here;CAI 1005645-S – Investigation into Transplant Québec, on certain practices of the organization only available in French hereCAI 1023158-S – Investigation into Clearview AI Inc., on the practices of the organization with respect to the collection and use of images of people from photos posted on the Internet only available in French here;PIPEDA Report of Findings 2021-001 'Report 2021-001' see also CAI 1023158-S only available in French here for an order made following PIPEDA Report 2021-001;CAI 1020846-S – Investigation into Fédération des caisses Desjardins du Québec only available in French here;CAI 1019951-S – Investigation into Ivanhoé Cambridge Inc. and Innovations Galilei 2 only available in French here;CAI 1018507-S – Investigation into Les 3 Pilliers only available in French here;CAI 1005977-S – Investigation into Bell Mobilité only available in French here;CAI 1009621-S and 1009629-S – Investigation into Confédération des syndicats nationaux, about use and disclosure of personal data published on social networks as part of a union campaign without the consent of the data subject only available in French here;CAI 1007894-S – Investigation into Centre de service partagés du Québec et Secrétariat du Conseil du Trésor, about collection of Social Insurance Numbers 'SIN' to submit an online application only available in French here;CAI 1006934-S – Investigation into Thomson Tremblay Inc. only available in French here, about the collection of SIN at the pre-employment stage see also CAI 1005625-S – Investigation into Hunt Personnel about the collection of social security numbers only available in French here;CAI 1011820-S – Investigation into Ville de Québec, about the use of drones only available in French here; andCAI 080272 – Investigation into Garderie Coeur d'Enfant Inc., about the use of video surveillance only available in French here.2. Scope of Personal scopeQuebec Private Sector Act The Quebec Private Sector Act applies to the collection, use, or disclosure referred to as 'communication' of personal information within the province by 'any person carrying on an enterprise', whether such information is held by the enterprise itself or by a third-party. Unlike PIPEDA, the Quebec Private Sector Act applies regardless of whether an activity is commercial in the Quebec Private Sector Act applies to such information regardless of its medium and regardless of the form in which it is accessible, whether written, graphic, recorded, filmed, computerised, or applies to the collection, use, or disclosure of personal information by an organisation in the course of its commercial activities, or in respect of personal information about an employee of the organisation or an applicant for employment with the organisation and that the organisation uses or discloses in connection with the operation of a federal work, undertaking, or business such as banks, telecommunications companies, shipping companies, and railways. PIPEDA also applies when the personal information is disclosed across provincial or international often arise as to whether the Quebec Private Sector Act or PIPEDA applies to a particular activity. The answers depend on the circumstances of each Access ActThe Quebec Access Act applies to documents held by a public body in the exercise of its functions and to documents held by a professional order to the extent provided for in the Professional Code. The Quebec Access Act regulates the collection, use, and disclosure of personal information by public bodies and professional orders, and provides individuals with a right of access to their personal the Quebec Access Act applies whether the document is recorded in writing or in print, on sound tape or film, in computerised form, or CASL regulates, among other things, the sending of commercial electronic messages such as promotional and marketing messages, to and from Canada. It prohibits the sending of commercial electronic messages unless express or implied consent is obtained, or an exemption applies, and prescribed requirements are Territorial scopeQuebec Private Sector ActThe Quebec Private Sector Act is silent with respect to its extraterritorial application. However, in the joint investigation of Clearview AI under Report 2021-001, the CAI has considered that, even if the system and the enterprise are located outside of Quebec, by offering its services and by collecting and using personal information within the limits of the province, the enterprise operates a business in it is subject to the legislation in force in the jurisdiction in which it operates, the Quebec Private Sector Act see CAI 1023158-S only available in French here.Quebec Access ActThe Quebec Access Act is silent on its territorial Material scopeQuebec Private Sector ActThe Quebec Private Sector Act applies to 'any person carrying on an enterprise', which means an organised economic activity, whether or not it is commercial in nature, consisting of the production, management, or sale of property or the provision of a also applies to personal information held by a professional order to the extent provided for in the Professional Code, and to personal information held by a political party, an independent Member of Parliament, or an independent candidate, to the extent provided for in the Election Quebec Private Sector Act does not apply topersonal information relating to the performance of the individual’s duties within an enterprise by the person concerned, such as the individual’s name, title, and duties, as well as the address, email address, and telephone number of the individual’s place of work;journalistic, historical, or genealogical material collected, held, used, or disclosed for the legitimate information of the public;a public body within the meaning of the Quebec Access Act; andinformation held by a person other than a public body on behalf of a public Access ActThe Quebec Access Act applies to documents held by a public body and to documents held by a professional Quebec Access Act does not apply tothe civil status acts and registers;the registers and other documents kept by registry offices for publication purposes;the register referred to in Chapter II of the Quebec Access Act for the Act Respecting the Legal Publicity of Enterprises, c. archives referred to in Section 27 of the Archives Act, ordocuments contained in a filerelating to the adoption of a person held by a public body; orheld by the Public Curator on a person whom they represent or whose property they manage, except in certain circumstances to allow the CAI to carry out specific Quebec Access Act does not apply to specific requirements for the user's records pursuant to the An Act Respecting Health Services and Social Services Revised Statutes of Quebec chapter or also in certain circumstances set out in specific Data Protection Authority Regulatory Authority Main regulator for data protectionThe CAI is the regulatory authority that oversees the application of the Quebec Private Sector Act and the Quebec Access Act. The CAI sometimes works collaboratively with the OPC and other provincial and territorial privacy commissioners on investigations and policy is administered by the OPC, while the CASL is administered by the CRTC, the Competition Bureau of Canada, and the Main powers, duties and responsibilitiesThe CAI consists of two divisions the Oversight Division and the Adjudication CAI consists of two divisions the Oversight Division and the Adjudication DivisionThe main functions of the CAI's Oversight Division are to monitor the implementation of the Quebec Private Sector Act and the Quebec Access Act, and to ensure that the principles of access to documents and the protection of personal information are respected and this end, the CAI may investigate the application of the Quebec Private Sector Act and the Quebec Access Act and the degree of compliance with these acts. These investigations may be carried out on its own initiative or on the basis of a complaint from any the end of the investigation, and after giving to the enterprise or to the public body an opportunity to submit written observations, the CAI mayUnder the Quebec Private Sector Actrecommend or order the application of such remedial measures as are appropriate to ensure the protection of the personal information. If, within a reasonable time after issuing an order with respect to a person who operates an enterprise, the CAI is of the opinion that appropriate measures have not been taken, it may publish a notice to inform the public thereof. Any person with a direct interest may appeal against an order issued following an the Quebec Access Actrecommend or order the adoption of measures that the CAI considers appropriate. If, within a reasonable time after making a recommendation to a public body or after issuing an order, the CAI considers that appropriate measures have not been taken to implement the recommendation, it may notify the Government of Quebec or, if it deems it appropriate, submit a special report to the National Assembly or set out the situation in its annual report. A person directly interested can appeal the order issued following an investigation to a judge of the Court of CAI may alsoUnder the Quebec Private Sector Actrequire the production of any information or documents Sections and of the Quebec Privacy Act as amended by Act 25;order any person involved in a confidentiality incident to take any action to protect the rights of the individuals involved, including an order that the compromised personal information be returned to the business or be destroyed Section of the Quebec Privacy Act as amended by Act 25; andenter into an undertaking with a business to remedy a breach or mitigate its consequences Section of the Quebec Privacy Act as amended by Act 25; anddevelop guidelines to assist in the administration of the Quebec Private Sector the Quebec Access Actapprove agreements entered into between public bodies;give its opinion on the draft regulations submitted to it under the Quebec Access Act, on draft agreements on the transfer of information and on draft orders authorising the creation of confidential files;ensure that the confidentiality of personal information contained in the files of public bodies relating to the adoption of a person is respected;ensure that the confidentiality of personal information contained in the files of the Public Curator concerning the persons they represent or whose property they manage is respected;approve the governance rules regarding personal information submitted by the personal information manager;require the production of any information or document;order any person involved in a privacy incident to take any action to protect the rights of the individuals involved, including ordering the return or destruction of the compromised personal information;prohibit a person from making an application without the approval of the president and upon such terms and conditions as the president determines; anddevelop guidelines to assist in the administration of the Quebec Access exercising its oversight functions, the CAI may authorise members of its staff or any other persons to act as divisionThe CAI's Adjudication Division hears applications for review made under the Quebec Access Act and applications for review of disputes made under the Quebec Private Sector Act, to the exclusion of any other receipt of an application, the CAI must give the parties an opportunity to present their observations, including through a mediation CAI has all the powers necessary to exercise over its jurisdiction; it may issue any order it deems appropriate to protect the rights of the parties, and may rule on any question of fact or of particular, under the Quebec Private Sector Act, the CAI may order an organisation to disclose or rectify personal information or to refrain from doing so. Furthermore, under the Quebec Access Act, the CAI may order a public body to disclose or refrain from disclosing a document or part of a document, to correct, complete, clarify, update or delete personal information, or to cease the use or disclosure of personal CAI shall make its decision within three months of the date on which the matter was brought before it, unless the Chairperson extends that period for valid decision of the CAI on a question of fact within its jurisdiction is person directly interested may bring an appeal from the final decision of the CAI to a judge of the Court of Quebec on a question of law or jurisdiction, or, with leave of a judge of that court, from an interlocutory decision that will not be remedied by the final Key DefinitionsData controller 'Data controller' is not explicitly defined in the Quebec privacy laws. The entities considered to be in control of, and responsible for complying with the privacy law requirements are referred to as 'persons carrying on an enterprise' pursuant to the Quebec Private Sector Act and 'public bodies' pursuant to the Quebec Access processor 'Data processor' is not defined in the Quebec privacy laws, although they refer to 'mandatary' or 'person performing a contract'.Personal data 'Personal information' is defined as information relating to a natural person and allows that person to be identified, directly or data Personal information is deemed sensitive if, 'due to its nature including medical, biometric, or otherwise intimate information or the context of its use or release, it entails a high level of reasonable expectation of privacy'. Sensitive information requires explicit consent and is subject to a higher level of data 'Health data' is not defined in the Quebec privacy data 'Biometric data' is not defined in the Quebec privacy laws. However, the Quebec Information Technology Act regulates the collection, use, and disclosure of 'biometric characteristics or measurements'.Pseudonymisation 'Pseudonymisation' is not specifically defined in the Quebec privacy laws. However, the Quebec Private Sector Act provides that personal information is 'anonymised' when it can be reasonably expected at any time, under the circumstances, to irreversibly prevent the individual from being directly or indirectly identified. In addition, personal information is 'de-identified' when it no longer allows the individual to be directly subject 'Data subject' is not defined in the Quebec privacy laws, which refer to 'person concerned' Legal ConsentUnder Quebec's privacy laws, unless an exception applies, consent is required. To be valid, consent must be clear, free, and informed, and given for specific purposes. Consent must be requested for each such purpose, in clear and simple language and, if requested in writing, separately from any other information provided to the individual. Consent is valid only for the time necessary to achieve the purposes for which it is sought. It may be withdrawn with respect to the use or disclosure of the information must be expressly given for sensitive personal information. Although not explicitly stated in the Quebec Private Sector Act, it is understood that implied consent is permitted for non-sensitive personal Quebec Information Technology Act also requires explicit consent for biometric obtain valid consent, organisations must be transparent about their practices and must disclose the information required by the law at the time the information is collected and subsequently upon Contract with the data subjectPlease see the section above on consent for express and implied consent. Contracts may contain or incorporate express consent or provide a basis for implied consent, depending on the Legal obligationsQuebec's privacy laws allow organisations to collect, use, and disclose personal information without consent where required by law, for examplewhen the information is required for the purpose of prosecuting of an offence under an act applicable in Quebec; orfor the prevention, detection, or suppression of crime or statutory offences, if the information is required for the purposes of the prosecution of an offence under an act applicable in under the Quebec Private Sector Act, an organisation may also disclose personal information, without consent, in the following circumstances, subject to certain conditionsfor the application of a collective agreement;for the collection of debts;for carrying out a mandate or performing a contract of enterprise or for services entrusted; orfor a commercial Interests of the data subjectThe Quebec Private Sector Act allows organisations to collect personal information without consent if it has a serious and legitimate reason, and either of the following conditions is metthe information is collected in the interest of the individual concerned and cannot be obtained from them in a timely manner; orcollection from a third party is necessary to ensure the accuracy of the both the Quebec Private Sector Act and the Quebec Access Act allow organisations to use personal information without consent when such use is clearly for the benefit of the acts also permit organisations to disclose personal information, without consent, to a person to whom the information must be discloseddue to the urgency of a situation that threatens the life, health, or safety of the individual; orin order to prevent an act of violence, including a suicide, where there are reasonable grounds to believe that there is a serious risk of death or serious bodily injury threatening an individual or an identifiable group of individuals, and where the nature of the threat generates a sense of urgency - in this case only the personal information that is necessary to achieve the purposes for which the information is provided may be disclosed; such information may be disclosed to any person exposed to the risk or that person's representative, and to any person who can come to that person's Public interestPlease see the sections above on legal obligations and data subject interests, which illustrate some instances where the public interest may provide a legal Legitimate interests of the data controllerConsent is not required in certain circumstances listed in Sections 6, 12, 18, and of the Quebec Private Sector Act as amended by Act 25 and Sections 59, 60, and study, research, compilation of statistics of the Quebec Access of these cases are mentioned Legal bases in other instancesNot PrinciplesThe Quebec Private Sector Act requires organisations to comply with the following requirementsaccountability organisations are responsible for protecting the personal information in their custody, and they must, among other thingsestablish and implement governance policies and practices regarding personal information that ensure the protection of such information; andpublish a privacy policy, if applicable, on the organisation’s website;identify purposes;limitation of collection 'serious and legitimate reason' and 'only the information necessary for the purposes determined before collecting it';consent and notice to the individual;limits on use, disclosure, and retention;accuracy;safeguards/confidentiality;individual access; andresponding to requests for access to personal information and rectification of personal information made by Quebec Access Act requires public bodies to comply with the same Controller and Processor Data processing notificationOrganisations are not required to notify or register with the regulatory authorities under Canadian privacy Data transfersAn organisation is responsible for personal information in its possession or custody, including information that has been transferred to a third party for disclosing personal information outside of Quebec, an organisation must conduct an assessment of privacy-related factors, taking into accountthe sensitivity of the information;the purposes for which it will be used;the safeguards that would apply to it, including contractual measures; andthe legal framework applicable in the jurisdiction where the information would be disclosed, including the degree of adequacy of the legal framework with Quebec's privacy information may be disclosed outside of Quebec only if the assessment determines that it would receive an adequate level of transfer of the information is subject to a written agreement that takes into account the results of the assessment and, if applicable, the terms agreed upon to mitigate the risks identified in the consent is not required to transfer personal information outside of the province, an individual must be informed of the possibility that the information may be disclosed outside of Quebec Access Act has the same Data processing recordsThere is no general requirement for private-sector organisations to maintain data processing an organisation must establish and implement privacy governance policies and practices. Such policies and practices must provide a framework for the retention and disposal of the information, define the roles and responsibilities of employees throughout the life cycle of the information, and provide a process for handling complaints regarding the protection of the information. Detailed information about these policies must be published on the enterprise's website in clear and simple language or, if the enterprise does not have a website, must be made available by any other appropriate certain record keeping is specifically required with respect to confidentiality incidents as noted Data protection impact assessmentAny person carrying on an enterprise must conduct an assessment of the privacy-related factors of any project for the acquisition, development, and redesign of an information system or electronic service delivery involving the collection, use, disclosure, storage, or destruction of personal information Section 95 of Act 25.Private-sector organisations must conduct an 'assessment of privacy-related factors' in the following circumstancesin connection with the acquisition, development, and redesign of any information systems project or electronic service delivery project that involves the collection, use, disclosure, storage, or destruction of personal information;before disclosing personal information outside of Quebec; andbefore disclosing personal information, without consent, to a person or body that intends to use the information for study or research purposes or for the compilation of Act 25 states that before disclosing personal information outside of Québec, a person carrying on an enterprise must conduct an assessment of the privacy-related factors. In particular, the person must take into account Section 103 of Act 25the sensitivity of the information;the purposes for which it is to be used;the safeguards, including contractual ones, that would apply to it; andthe legal framework applicable in the state to which the information would be disclosed, including the data protection principles applicable in the foreign organisation must ensure that the project allows the computerised personal information collected from the individual to be communicated to them in a structured, commonly used, technological format. For the purpose of such an assessment, the organisation must consult the person responsible for the protection of personal information within the enterprise from the outset of the project Section 95 of Act 25, and it must be proportionate to the sensitivity of the information, the purpose for which it is to be used, and the volume, distribution, and format of the person responsible for the protection of personal information may, at any stage of a project referred to in Section 95 of Act 25, propose measures for the protection of personal information applicable to the project, such as Section 95 of Act 25the appointment of a person to be responsible for the implementation of the personal information protection measures;measures to protect the personal information in all documents related to the project;a description of the responsibilities of project participants with respect to the protection of personal information; ortraining activities for project participants on the protection of personal Quebec Access Act has the same Data protection officer appointmentUnder the Quebec Private Sector Act, the person exercising the highest authority within the organisation has the responsibility to ensure that the law is implemented and complied with. This person exercises the function of the 'person in charge of the protection of personal information' conveniently referred to thereafter as 'Privacy Officer'. All or part of this function may be delegated in writing. In addition, a committee is responsible for assisting the body in the exercise of its responsibilities and the fulfillment of its obligations under the Quebec Access CAI maintains a register of all current register of data protection officers 'DPOs' 'the Register', which includes, for each DPO, the DPO's name, address and e-mail address, and the title and contact information of the person in charge of the protection of personal information Section 145 of Act 25. The Register shall be available for public consultation during the regular business hours of the CAI. The CAI shall provide, free of charge, to any person who so requests, any extract from the Register concerning a DPO, which may be consulted on the website of the for registration shall be made in accordance with the procedure established by the CAI and shall be accompanied by the fees prescribed by regulation. An application must contain, in particular, the following information Section 1441 of Act 25the name, address, and email address of the DPO and, in the case of a legal person, the address of its head office and the names and addresses of its directors;the address, email address, and telephone number of each establishment of the DPO in Québec;the title and contact information of the person in charge of the protection of personal information;the method of operation provided for in Section 71 of the Quebec Private Sector Act;the code of conduct provided for in Section 78 of the Quebec Private Sector Act; andthe other measures taken to ensure the confidentiality and security of personal information in accordance with the Quebec Private Sector DPO must notify the CAI of any change in the information referred to in Section 721 of the Quebec Private Sector Act no later than 30 days after the change. Where applicable, the DPO must also promptly inform the Commission, established by Section 103 of the same act, of the expected termination of the DPO's activities Section 1442 of Act 25. The application form only available in French here may be submitted by mail or DPO must establish and apply a method of operation that ensures that the information communicated by them is up to date and accurate and is communicated in accordance with the amended act Section 143 of Act 25, as well as rules of conduct that allow any person to whom personal information held by the DPO relates to, have access to the information according to a procedure that ensures the protection of the information, and to cause the information to be rectified Section 148 of Act 25.Furthermore, every two years, the DPO must inform the public, by means of a notice published in a newspaper having general circulation in each region of Québec in which it operates Section 148 of Act 25of the fact that the DPO holds personal information relating to other persons, that the DPO communicates credit reports concerning the character, reputation, or solvency of the persons to whom the personal information relates to, persons with whom they are bound by contract, and of the fact that they receive from the latter personal information relating to other persons;the rights of access and rectification which the persons concerned may exercise under the amended act with respect to the personal information the DPO holds; andthe information provided for in Section 723 to 6 of the Quebec Private Sector the contact details of this person or the person to whom this function is delegated must be published on the company's website or, in the absence of a website, made available by any other appropriate Data breach notificationIn Quebec, there is a general obligation to report a data breach referred to as a 'confidentiality incident'.The term 'confidentiality incident' refers tothe unauthorised access, use, or disclosure of personal information; andthe loss of personal information or any other breach of the security of that there is reason to believe that a confidentiality incident has occurred, the organisation must take reasonable steps to reduce the risk of harm and to prevent new incidents of the same the event of an incident involving a risk of serious harm, the organisation must notify the CAI and any person whose personal information is affected by the incident unless doing so would impede an investigation conducted by a person or body responsible by law for the prevention, detection, or suppression of crime or statutory offence. The organisation may also notify any person or body that could mitigate the risk, by disclosing to that person or body, without the individual's consent, only the personal information necessary to do so. In the latter case, the person in charge of the protection of personal information must record the disclosure of the assessing the risk of harm, the following factors must be consideredthe sensitivity of the information;the anticipated consequences of its use; andthe likelihood that it will be used for harmful must keep a register of confidentiality incidents, which must be sent to the CAI upon a confidentiality incident is brought to its attention, the CAI may order any person, after giving them the opportunity to submit their observations, to take any measure to protect the rights of the individuals, for the time and under the conditions determined by the CAI, including the return of the compromised personal information to the organisation or its organisation that contravenes the Quebec Private Sector Act's breach notification provisions may befound guilty of an offence and fined not more than CAD 25 million approx. €17 million, or the greater of 4% of its worldwide turnover for the preceding fiscal year doubled for a subsequent offence; orbe condemned to pay an administrative fine not exceeding CAD 10 million approx. € million or the greater of 2% of its worldwide turnover for the preceding fiscal the Quebec Access Act, anyone who fails to report a breach of confidentiality to the CAI or to the persons concerned when required to do so commits an offence and is liable to a fine of CAD 1,000 approx. €681 to CAD 10,000 approx. €6,813 in the case of a natural person, and of CAD 3,000 approx. €2,044 to CAD 30,000 approx. €20,438 in all other cases. Moreover, anyone who, for example, 1 impedes the progress of an inquiry or inspection of the CAI or the hearing of an application by the CAI by providing it with false or inaccurate information, by failing to provide information requested by the CAI or otherwise, or 2 fails to comply with an order of the CAI, commits an offence and is liable to a fine of CAD 5,000 approx. €3,405 to CAD 100,000 approx. €68,094 in the case of a natural person and of CAD 15,000 approx. €10,216 to CAD 150,000 approx. €102,157 in all other Data retentionUnder Quebec's privacy laws, personal information may be retained only for as long as necessary to fulfill the purposes for which it was collected or used, after which the organisation must destroy or make anonymous the information, subject to any retention period required by personal information used to make a decision about an individual must be kept for at least one year after the decision is made. Moreover, if the organisation refuses to grant a request for access or rectification, the information that is the subject of the request must be kept for as long as is necessary to allow the individual to exhaust the remedies provided by Children's dataUnder Quebec's privacy laws, personal information concerning a child under 14 years of age may not be collected from the child without the consent of the person having parental authority or the child’s guardian, unless the collection of the information is clearly for the minor's for the processing of a child's personal information is given by the person having parental authority or their guardian. If a minor is 14 years of age or older, consent is given by the minor or by the person with parental authority or their Quebec Access Act has the same Special categories of personal dataQuebec's privacy laws do not contain specific provisions regarding the processing of special categories of information. However, the application of these laws will vary depending on whether the information is sensitive and whether there are other laws that may permit or restrict the processing of such Controller and processor contractsAn organisation is responsible for protecting the personal information it holds, including information that has been transferred to a third party for the organisation discloses personal information to a third party for the purpose of 'carrying out a mandate or performing a contract of enterprise or for services entrusted to that person or body' hereafter referred to as a 'third party processor', the organisation mustentrust the mandate or contract in writing; andspecify the measures to be taken to protect the confidentiality of the personal information, to ensure that the information is used only for the purposes of carrying out the mandate or performing the contract, and to ensure that the information is not retained once the mandate or contract has third-party processor shall immediately notify the organisation's Privacy Officer of any breach or attempted breach by any person of any obligation to maintain the confidentiality of the information disclosed and shall also allow the organisation's Privacy Officer to conduct any review of the confidentiality Data Subject Right to be informedThe Quebec Private Sector Act generally requires the knowledge and consent of the individual, except in certain circumstances where consent is not required. Organisations must be open and transparent about their practices and inform individuals about the information collected, used, and disclosed, and the purposes for which such information is Right to accessIndividuals have a general right to obtain access to their personal information held by organisations. Access requests must be dealt with in accordance with the applicable law and within prescribed time organisation must state the reasons for any refusal to comply with a request and indicate the provision of law on which the refusal is based, the remedies available to the applicant under the Quebec Private Sector Act, and the time limit for exercising them. If the applicant so requests, the organisation's Privacy Officer must also help them understand the Right to rectificationAn individual may, if personal information concerning them is inaccurate, incomplete, or equivocal, or if collecting, disclosing, or keeping it are not authorised by law, require that the information be organisation must give the reasons for any refusal to grant a request and indicate the provision of law on which the refusal is based, the remedies available to the applicant under the Quebec Private Sector Act, and the time limit for exercising them. If the applicant so requests, the organisation's Privacy Officer must also help them understand the Right to erasureUnder the Quebec Private Sector Act, an individual may require an organisation tocease disseminating personal information about them;de-index any hyperlink that provides access to that information, if the dissemination violates the law or a court order; andre-index any hyperlink that provides access to that a request may be made when the following conditions are metthe dissemination of such information would cause the person serious harm in relation to the person's right to respect of their reputation or privacy;the harm is clearly greater than the public’s interest in knowing the information or the right to freedom of expression the balance of convenience criterion; andthe relief sought does not exceed what is necessary to prevent the continuation of the assessing the balance of convenience criterion, the following, in particular, must be taken into accountthe fact that the person concerned is a public figure;the fact that the information concerns the person when they are a minor;the fact that the information is up to date and accurate;the sensitivity of the information;the context in which the information is disseminated;the time elapsed between the dissemination of the information and the request made; andwhere the information concerns a criminal or penal procedure, the obtaining of a pardon or the application of a restriction on the accessibility of records of the courts of Right to object/opt-outIndividuals have the right to submit complaints to organisations, to withdraw consent subject to some limitations, and to file complaints with the CAI. Although not explicitly stated in the Quebec Private Sector Act, it is understood that implied consent is permitted for non-sensitive personal Right to data portabilityUnder the Quebec Private Sector Act, an individual may request a copy of computerised personal information in the form of a written and intelligible transcript. Unless there are serious practical difficulties in doing so, computerised personal information collected from the applicant and not information created or derived from their personal information must, at their request, be disclosed to them in a structured, commonly used technological format. The information must also be disclosed, at the applicant's request, to any person or body authorised by law to collect such Right not to be subject to automated decision-makingUnder the Quebec Private Sector Act, an organisation that uses personal information to make a decision based solely on the automated processing of such information must, at or before the time of the decision, or at the latest at the time the decision is communicated to the individual, inform the individual of the request, the individual must also be informed ofthe personal information used to reach the decision;the reasons and the main factors and parameters that led to the decision; andthe right of the person concerned to have the personal information used to make the decision individual must be given the opportunity to submit observations to a staff member who is in a position to review the Quebec Access Act has the same Other rightsIn addition to the other rights mentioned therein, it should be noted that Act 25 requires organisations to disclose, in advance, their use of technology that can identify, locate, or profile users, and then provide users with the means to activate the identification, location, or profiling features. 'Profiling' is defined as the collection and use of personal information to assess certain characteristics of a natural person, such as work performance, economic situation, health, personal preferences, interests, or of note, the spouse or a close relative of a deceased person may request personal information concerning the deceased if the following conditions are metknowledge of the information could help the applicant in the grieving process; andif the deceased person did not record in writing their refusal to grant such a right of PenaltiesThe CAI has the power to impose monetary administrative penalties and to issue fines for penal the Quebec Private Sector Act, monetary administrative penalties may be imposed on organisations for the following reasonsfailure to adequately notify the individuals;unlawful collection, use, disclosure, retention, or destruction of personal information;failure to report a confidentiality incident;failure to take the necessary security measures to ensure the protection of the personal information; andfailure to notify individuals concerned by a decision based exclusively on an automated process or failure to provide individuals an opportunity to submit maximum amount of the monetary administrative penalty is CAD 50,000 approx. €34,048 for individuals and CAD 10 million approx. € million for businesses or 2% of the previous year's worldwide turnover, whichever is 25 provides that businesses may acknowledge their non-compliance with applicable laws and enter into an undertaking with the CAI to remedy the non-compliance or mitigate its consequences. If such an undertaking is accepted and complied with by the CAI, the business may not be subject to a monetary administrative penalty with respect to the acts or omissions covered by the the Quebec Private Sector Act, the CAI may institute criminal proceedings, within five years of the commission of the offense, for the following offenses, among othersunlawful collection, use, disclosure, retention, or destruction of personal information;failure to report a confidentiality incident;failure to take the necessary security measures to ensure the protection of the personal information;identifying or attempting to identify a natural person using de-identified information without authorisation;impeding the progress of an inquiry or inspection by the CAI or the hearing of an application by the CAI by providing it with false or inaccurate information, by failing to provide information requested by the CAI, or otherwise; andfailure to comply with an order of the maximum amount of the fine for a penal offence is of CAD 5,000 approx. €3,406 to CAD 100,000 approx. €68,106 in the case of a natural person and, in all other cases, of CAD 15,000 approx. €10,216 to CAD 25 million approx. €17 million, or the greater of 4% of its worldwide turnover in the preceding fiscal year. In the event of a repeat violation, the fines will be Quebec Private Sector Act also provides that where an individual has suffered an injury as a result of an unlawful infringement of the rights conferred by the Quebec Private Sector Act or by Sections 35 to 40 of the Quebec Civil Code, and where the violation is intentional or results from gross negligence, the court shall also award punitive damages of at least CAD 1,000 approx. €681. Enforcement decisionsThe penal provisions of the Quebec Private Sector Act have never been enforced to date. However, the significant increase in the penalties provided recently introduced by Act 25 sends a signal that the penal provisions may play an important role in the enforcement of Quebec's privacy law administrative monetary penalties introduced by Act 25 are new and no enforcement decisions have yet been issued.