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

Section 65.1 Disposition versions

2023-09-22

65.1. Unless the person concerned gives his consent, personal information may not be used within a public body except for the purposes for which it was collected. Such consent must be given expressly when it concerns sensitive personal information.

A public body may, however, use personal information for another purpose without the consent of the person concerned, but only

(1)  if it is used for purposes consistent with the purposes for which it was collected;

(2)  if it is clearly used for the benefit of the person concerned;

(3)  if its use is necessary for the application of an Act in Québec, whether or not the law explicitly provides for its use; or

(4)  if its use is necessary for study or research purposes or for the production of statistics, and the information is de-identified.

In order for a purpose to be consistent within the meaning of subparagraph 1 of the second paragraph, it must have a direct and relevant connection with the purposes for which the information was collected.

If information is used in one of the cases referred to in subparagraphs 1 to 3 of the second paragraph, the person in charge of the protection of personal information within the body must record the use in the register provided for in section 67.3.

For the purposes of this Act, personal information is de-identified if it no longer allows the person concerned to be directly identified.

A public body that uses de-identified information must take reasonable measures to limit the risk of someone identifying a natural person using de-identified information.

2006, c. 22, s. 37; 2021, c. 25, s. 20.

2006-06-14

65.1. Personal information may not be used within a public body except for the purposes for which it was collected.

A public body may, however, use such information for another purpose with the consent of the person to whom it relates, or without that consent, but only

(1)  if the information is used for purposes consistent with the purposes for which it was collected;

(2)  if the information is clearly used for the benefit of the person to whom it relates; or

(3)  if the information is necessary for the application of an Act in Québec, whether or not the law explicitly provides for its use.

In order for a purpose to be consistent within the meaning of subparagraph 1 of the second paragraph, it must have a direct and relevant connection with the purposes for which the information was collected.

If information is used in one of the cases referred to in subparagraphs 1 to 3 of the second paragraph, the person in charge of the protection of personal information within the body must record the use in the register provided for in section 67.3.

2006, c. 22, s. 37.