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Quebec: Bill on respecting health and social services information adopted by Legislature

On April 4, 2023, Bill 3 creating an Act respecting health and social services information and amending various legislative provisions was assented to by the Quebec Legislature. The Act will enter into force on the date or dates to be set by the Government of Quebec.

Scope

The bill applies to health and social services bodies which include a person or a group such as:

  • a person or a group operating a private health facility within the meaning of the Act respecting health services and social service;  
  • a person or a group operating a specialized medical center within the meaning of the Act respecting health services and social services; and
  • a person or a group operating a center for assisted procreation within the meaning of the Act respecting clinical and research activities relating to assisted procreation.

Requirements

The Act sets out certain general principles for the use of health and social services information, including restrictions on the use and access to such information without express consent. In addition, the Act outlines requirements for limiting the collection and storage of information to what is necessary to fulfill the mission, purpose, and exercise of its functions, or activities, or to implement a program under its management. Moreover, the Act also establishes requirements associated with the issuance of a privacy notice and provides special restrictions where such data relates to a minor, incapable person, or a deceased person.

Furthermore, in specific circumstances, the Act also requires the conducting of a Privacy Impact Assessment, for example, in the case of research projects which involve the communication of information outside Quebec and requires breach notification for research bodies where the event could breach the confidentiality of information.

You can read the Act here and view its history here.

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