QC Bill 64 update : Legitimate business and employee consent exceptions!

We have received today a list of amendments that the government intends to introduce to the section of Bill 64 which amends the Act respecting the protection of personal information in the private sector (QC Private Sector Act).

The proposed amendments are generally the same as those adopted with respect to the public sector with one notable exception, namely an amendment to section 12 of QC Private Sector Act.

This amendment seems to have been influenced by the new consent exceptions introduced by Bill C-11 and introduces a legitimate business consent exception as well as an employee consent exception!

The amendment reads as follows [this is our own translation, amendments proposed are only available in French]:

Personal information may, however, be used for another purpose without the consent of the person concerned, but only […]

(2.1) when its use is necessary for the usual administrative practices of the enterprise; […]

For the purposes of subparagraph 2.1 of the second paragraph, the usual administrative practices of the enterprise are:

(1) the supply or delivery of a product or the provision of a service requested by the person concerned;

(2) the prevention and detection of fraud;

(3) the evaluation and improvement of protection and security measures;

(4) the planning, management, evaluation or control of the resources or services of the enterprise;

(5) establishing, managing or terminating an employment relationship between the individual and the enterprise;

(6) any other routine administrative practice prescribed by regulation.

Please note that these amendments have not yet been adopted and are therefore subject to change by the Committee. Other amendments could also be proposed by the opposition MPs.

This content has been updated on April 27, 2021 at 15 h 43 min.