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Bulletin | Guide

Resource Center | Act to modernize legislative provisions as regards the protection of personal information

Fasken
Reading Time 8 minute read
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Overview

The Act to modernize legislative provisions as regards the protection of personal information was adopted on September 21, 2021, and assented to on September 22. To summarize, on June 12, 2020, Ms. Sonia LeBel, then Minister of Justice and Minister responsible for Democratic Institutions, tabled Bill 64 in Quebec’s National Assembly, an Act to modernize legislative provisions as regards the protection of personal information. On January 21, 2021, the Deputy Minister for Government Digital Transformation, Mr. Eric Caire, was named the new Deputy Minister of Access to information and Protection of personal information. By this change within the Members of Cabinet, Bill 64 was placed under Mr. Caire’s responsibility.

The Act to modernize legislative provisions as regards the protection of personal information modernizes the obligations incumbent on public bodies and businesses in the private sector with respect to protecting personal information. It is important to closely monitor this Bill, which will impose new obligations on Quebec businesses while significantly increasing the powers of the Commission d’accès à l’information.

Therefore, our team is making available a series of bulletins and projects dedicated to Bill 64. The previous Fasken bulletins on the matter remain relevant, subject to any amendments that have subsequently been adopted. These resources will accompany you and help you to cope with the changes that might be made to the legislation to prepare you for the new obligations that might be imposed on you. If you do not want to miss our next bulletins and any other relevant information on this subject, sign up now on our distribution list to receive all communications related to the new Act.

Bulletin | Special Series - Bill 64 & Act to modernize legislative provisions as regards the protection of personal information

Bulletin #1 | Protecting Personal Information in Québec: Broad Reforms With Teeth
Bill No. 64 tabled in the National Assembly of Quebec, what you need to know.
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Bulletin #2 | Disclosure Of Personal Information In The Context Of Commercial Transactions: A Long Overdue Adjustment
The changes brought by the new Bill 64 and its impact on commercial transactions.
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Bulletin #3 | Bill 64 – C as in Consent - An oversimplification?
The changes brought about by the new Bill 64 and its impact on consent.
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Bulletin #4 | The Commission d’accès à l’information could issue penalties of up to $10 million based on administrative decisions
The changes brought by the new Bill 64 and its impact on the businesses that will be sanctioned
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Bulletin #5 | Bill 64 – Chief Privacy Officer will be mandatory in private organizations
The changes brought about by the new Bill 64 and its impact on the principle of liability.
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• Bulletin #6 | Bill 64 Introduces New Confidentiality Incident Reporting Obligations Amid Increased Cyber Security Risks Changes brought about by the new Bill 64 and its impact on the reporting of incidents involving personal information.
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• Bulletin #7 | How Bill 64 Will Impact The Research Sector The changes caused by the new Bill 64 and its impact on the research sector.
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• Bulletin #8 | Fertile Ground for Civil Actions and Class Actions for Personal Information
The changes caused by the new Bill 64 and its impact on the filing of civil actions and class actions.

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• Bulletin #9 | Bill 64: Mirroring the GDPR?
The changes caused by the new Bill 64 and its similarities to the GDPR. 
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• Bulletin #10 | Bill 64 and The Exportation of Personal Data From Quebec: Complications In Sight
The changes caused by the new Bill 64 and the exportation of personal information outside Quebec.Learn more >>

 Bulletin #11 | De-identify, Anonymize and De-index: New Verbs and New Obligations!
The changes caused by the new Bill 64 and the de-identify, anonymize and de-index notions.
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• Bulletin #12 | Bill 64: What Are the Key Takeaways for Public Bodies regarding the Proposed Amendments to the Act respecting Access? 
Proposed amendments to the Act respecting Access that could impact public bodies. 
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• Bulletin #13 | Assessments Of Privacy-Related Factors: The New Bread And Butter For Quebec Organizations Processing Personal Information? 
The changes that could be caused by the new Bill 64 and its impact on privacy impact assessments
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• Bulletin #14 | Right to Data Portability: True Data Portability or Simply an Updated Version of the Right of Access? 
The changes that could be caused by the new Bill 64 and its impact on data portability. 
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• Bulletin #15 | Technological and Legal Overview of the Concepts of "De-identified" and "Anonymized" Information under Bill 64
The changes that could be caused by the new Bill 64 and its impact on the de-identification of personal information. 
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• Bulletin #16 | Summary of The Recommendations To The Commission Des Institutions of The National Assembly of Quebe As Part of The Parliamentary Hearings On Bill 64
The recommendations made by Antoine Aylwin and Karl Delwaide at the parliamentary consultation on Bill 64. 
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• Bulletin #17 | Bill 64 : New Rules for Automated Decision Making
The proposed introduction of a framework for using automated decision making within Quebec’s privacy legislation. 
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• Bulletin #18 | Technology-based Profiling: What Does the Future Hold under Bill 64?
What might be the new limits and obligations of technology-based profiling under Bill 64?
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 Bulletin #19 | Sensitive Personal Information: Another Concept Borrowed From The GDPR
The changes that could be made to the use of personal information and the concept of sensitive information in the context of the proposed Bill 64.
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• Bulletin #20 | Special Edition | The End of Brexit Data Protection Transition Period: What Canadian Business Should Be Doing Now
Special edition bulletin on the consequences of the end of the Brexit data protection transition period.
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• Bulletin #21 | Political Parties And The Personal Information Of Electors: New But Incomplete Protections
What protection might be in place for electors' personal information as a result of Bill 64?
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• Bulletin #23 | Concentration Of Personal Data Within Government: The Personal Information Manager
How is personal information held by the Quebec government?
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• Bulletin #24 | Bill 64: How does it impact professional orders?
Changes that could be made to professional orders as a result of the adoption of Bill 64.
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• Bulletin #25 | Transfer of personal information outside the EU and Quebec: An impact assessment and what else?
The impact of Bill 64 on the transfers of personal information outside the EU and Quebec.
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• Bulletin #26 | Comparative Table between Bill 64 (Quebec) and Bill C-11 (Canada)
What are the differences and similarities between Bill 64 and Bill C-11?
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• Bulletin #27 | Bill 64: Nominative Lists and Commercial Prospection
Restrictions on commercial prospection activities and the use of tools allowing the profiling of individuals following the adoption of Bill 64.
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• Bulletin #29 | Recent legislative developments in Bill 64
Recent amendments adopted as part of the detailed review of Bill 64 by the Committee on Institutions.
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• Special Bulletin | Protection of Personal Information in Quebec: The Impact of Major Reforms on your Franchise Network
The impact of Bill 64 on all franchise networks operating in Quebec.
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• Bulletin #32 | The Beginning of a New Era for the Private Sector: Bill 64 on the Protection of Personal Information Has Been Adopted
Changes to come with the adoption of Bill 64.
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• Special Edition | A Quebec law regulating personal information in the health sector
The purpose of Bill 19 is to establish a legal framework specific to health and social services information, and the intention is to cover everything in a single statute. 
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• Special Edition | We Answer Your Questions – Modernization of Personal Information Protection Legislation 1/3
In response to our numerous publications, our podcast, and the training we provided via the Fasken Institute, many of you have had questions for us. Read this bulletin for answers to the most frequently asked questions.
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• Special Edition | We Answer Your Questions – Modernization of Personal Information Protection Legislation 2/3
In response to our numerous publications, our podcast, and the training we provided via the Fasken Institute, many of you have had questions for us. Read this bulletin for answers to the most frequently asked questions.
Learn more >>

• Special Edition | We Answer Your Questions – Modernization of Personal Information Protection Legislation 3/3
In response to our numerous publications, our podcast, and the training we provided via the Fasken Institute, many of you have had questions for us. Read this bulletin for answers to the most frequently asked questions.
Learn more >>

• Special Edition | ABCs of A Privacy Compliance Program: What You Always Wanted to Know and Were Afraid to Ask! - Chapter 1
This series of bulletins, presented in chapter form, will demystify the concept of a privacy compliance program and suggest concrete measures for initiating compliance.
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• Special Edition | ABCs of A Privacy Compliance Program: What You Always Wanted to Know and Were Afraid to Ask! - Chapter 2
This series of bulletins, presented in chapter form, will demystify the concept of a privacy compliance program and suggest concrete measures for initiating compliance.
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Resources

Guide | Comparative Table of Personal Information Protection Laws
Overview of the different privacy legislation in Canada, the United States and Europe
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• Guide | Comparative Table Of Security Incident Reporting Mechanisms
Comparison of the rules proposed by the Bill with those already in place in Canada and Europe as well as the section. 
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• Guide | Act to modernize legislative provisions as regards the protection of personal information annotated
Discover the annotated sections of the Private Sector Privacy Act following the adoption and assent of Bill 64 on September 21 and 22, 2021.
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• Guide | New Privacy Act in Québec. Fasken can help you
Find out about the implementation milestones and the solutions Fasken offers to help you get ready.
Learn more>>

 

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