Québec Adopts New Personal Information Protection Statute

Québec formally adopted last week an overhaul of its statute meant to regulate personal information handling by businesses, in the province. Bill 64 was an attempt to bring the Québec Loi sur la protection des renseignements personnels dans le secteur privé in line with more modern pieces of legislation used abroad, including the famed GDPR, in Europe.

The revised statute now includes more strenuous obligations for organizations handling such data, and includes potentially huge fines (we’re talking millions) for businesses which may be caught violating the law. Yes, I think we can safely say that the province of Québec now has a real piece of legislation to govern how organizations are supposed to protect personal information when collecting, using or communicating it.

Though the statute was formally adopted, one should note, however, that most provisions included in Bill 64 will come into force only in September 2023, thus giving business about 2 years to shape-up. During that time, the Québec watchdog (the “CAI”) will also seek to provide guidance by coming-up with rules and protocols that it expects businesses to apply and abide by.

A limited number of provisions will come into force in September 2022, including those related to the obligation for businesses to disclose security incidents that may have exposed personal information to loss of theft, including for example pursuant to hacking incidents. The Québec media reports that the government intends to curb a culture of negligence when it comes to adequately handling and protecting personal information. After almost 30 years of being governed by an obsolete statute as to personal data, Québec businesses certainly have work to do!