Quebec: CAI welcomes adoption of Bill 64
The Quebec Commission on Access to Information ('CAI') announced, on 21 September 2021, that it has welcomed the adoption of Bill 64, An Act to modernize legislative provisions as regards the protection of personal information ('Bill 64'). In particular, Bill 64 introduces a new enforcement regime which includes a maximum amount of monetary administrative penalty at CAD 50,000 (approx. €33,300) (for individuals) and CAD 10,000,000 (approx. €6,660,400) (for businesses) or, if greater, 2% of worldwide turnover for the preceding year as well as a private right of action. In addition, Bill 64 reforms private sector requirements on areas such as data breach reporting, the appointment of a person responsible for implementing the personal information protection measures, and the requirement to conduct Data Protection Impact Assessments. Moreover, CAI highlighted that it is already working to put in place the favourable conditions to fully exercise its role, including the new powers conferred on it, in addition to having taken steps to increase its resources, which is one of the essential conditions for the successful and effective implementation of Bill 64.
Additionally, most of the provisions introduced to Bill 64 will come into force two years from the date of Bill 64's assent, aside from the following certain specific provisions which will come into force one year from the date of Bill 64's assent:
- the requirement to designate a person in charge of the protection of personal information;
- the obligation to report a confidentiality incident;
- the exception for disclosure of personal information in the course of a commercial transaction; and
- the exception to disclosure of personal information for study or research purposes.
Furthermore, requirements around the right to portability of personal information has been maintained at three years from the date of Bill 64's assent. Lastly, Bill 64 is currently pending royal assent before formally becoming law.
UPDATE (23 September 2021)
Bill 64 recieves royal assent
Bill 64 recieved royal assent, on 22 September 2021, in the National Assembly of Quebec.
You can track Bill 64's progress here.