A-2.1 - Act respecting Access to documents held by public bodies and the Protection of personal information

Section 65 Disposition versions

2023-09-22

65. Anyone who collects personal information from the person concerned on behalf of a public body must, when the information is collected and subsequently on request, inform that person

(1)  of the name of the public body on whose behalf the information is collected;

(2)  of the purposes for which the information is collected;

(3)  of the means by which the information is collected;

(4)  of whether the request is mandatory or optional;

(5)  of the consequences for the person concerned or for the third person, as the case may be, for refusing to reply to the request or, if applicable, for withdrawing consent to the release or use of the information collected pursuant to an optional request; and

(6)  of the rights of access and correction provided by law.

If applicable, the person concerned is informed of the name of the third person collecting the information on behalf of the public body, the name of the third persons or categories of third persons to whom it is necessary to release the information for the purposes referred to in subparagraph 2 of the first paragraph, and the possibility that the information could be released outside Québec.

On request, the person concerned is also informed of the personal information collected from him, the categories of persons who have access to the information within the public body, the duration of the period of time the information will be kept, and the contact information of the person in charge of the protection of personal information.

If personal information is collected from a third person, the person collecting it must give the third person the information referred to in subparagraphs 1, 5 and 6 of the first paragraph.

Notwithstanding the foregoing, a person duly authorized by a public body which holds files respecting the adoption of persons and collects information relating to the antecedents of a person referred to in any of such files or permitting to locate a parent or an adopted person is not required to inform the person concerned or the third person of the use to which the information will be put nor the categories of persons who will have access to it.

This section does not apply to judicial inquiries or to any investigation or report made by a person or body responsible by law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 65; 1990, c. 57, s. 15; 2006, c. 22, s. 36; 2021, c. 25, s. 18.

2006-06-14

65. A person who collects personal information verbally from the person to whom it relates on behalf of a public body must introduce himself and, when information is first collected and subsequently on request, inform that person

(1)  of the name and address of the public body on whose behalf the information is being collected;

(2)  of the purposes for which the information is collected;

(3)  of the categories of persons who will have access to the information;

(4)  of the fact that a reply is obligatory, or that it is optional;

(5)  of the consequences for the person concerned or, as the case may be, for the third person, in case of a refusal to reply;

(6)  of the rights of access and correction provided by law.

The information that must be given under subparagraphs 1 to 6 of the first paragraph must appear on any written document used to obtain personal information.

If personal information is collected from a third person, the person collecting it must introduce himself and give the third person the information referred to in subparagraphs 1, 5 and 6 of the first paragraph.

Notwithstanding the foregoing, a person duly authorized by a public body which holds files respecting the adoption of persons and collects information relating to the antecedents of a person referred to in any of such files or permitting to locate a parent or an adopted person is not required to inform the person concerned or the third person of the use to which the information will be put nor the categories of persons who will have access to it.

This section does not apply to judicial inquiries or to any investigation or report made by a body responsible by law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 65; 1990, c. 57, s. 15; 2006, c. 22, s. 36.

1990-12-14

65. Every person who, on behalf of a public body, collects nominative information from the person concerned or from a third person must first identify himself and inform him

(1)  of the name and address of the public body on whose behalf the information is being collected;

(2)  of the use to which the information will be put;

(3)  of the categories of persons who will have access to the information;

(4)  of the fact that a reply is obligatory, or that it is optional;

(5)  of the consequences for the person concerned or, as the case may be, for the third person, in case of a refusal to reply;

(6)  of the rights of access and correction provided by law.

Notwithstanding the foregoing, a person duly authorized by a public body which holds files respecting the adoption of persons and collects information relating to the antecedents of a person referred to in any of such files or permitting to locate a parent or an adopted person is not required to inform the person concerned or the third person of the use to which the information will be put nor the categories of persons who will have access to it.

The rules according to which nominative information is to be collected are prescribed by government regulation.

This section does not apply to judicial inquiries or to any investigation or report made by a person responsible by law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 65; 1990, c. 57, s. 15.

1984-07-01

65. Every person who, on behalf of a public body, collects nominative information from the person concerned or from a third person must first identify himself and inform him

(1)  of the name and address of the public body on whose behalf the information is being collected;

(2)  of the use to which the information will be put;

(3)  of the categories of persons who will have access to the information;

(4)  of the fact that a reply is obligatory, or that it is optional;

(5)  of the consequences for the person concerned or, as the case may be, for the third person, in case of a refusal to reply;

(6)  of the rights of access and correction provided by law.

The rules according to which nominative information is to be collected are prescribed by government regulation.

This section does not apply to judicial inquiries or to any investigation or report made by a person responsible by law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 65.