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

Section 68 Disposition versions

2023-09-22

68. A public body may, without the consent of the person concerned, release personal information

(1)  to a public body or an agency of another government if it is necessary for the exercise of the rights and powers of the receiving body or the implementation of a program under its management;

(1.1)  to a public body or an agency of another government if it is clearly for the benefit of the person to whom it relates;

(2)  to a person or a body where exceptional circumstances justify doing so;

(3)  to a person or body if it is necessary for the purposes of a service to be provided to the person concerned by a public body, in particular for identifying the person.

The information may be released if a privacy impact assessment concludes that

(1)  the intended objective can be achieved only if the information is released in a form allowing the person concerned to be identified;

(2)  it is unreasonable to require obtaining the consent of the person concerned;

(3)  the objective for which the release of the information is required outweighs, with regard to the public interest, the impact of releasing and using the information on the privacy of the person concerned; and

(4)  the personal information is used in such a manner as to ensure confidentiality.

The information is released under a written agreement that indicates

(1)  the identity of the public body releasing the information and of the person or body collecting it;

(2)  the purposes for which the information is released;

(3)  the nature of the information released;

(4)  the method of transmitting the information;

(5)  the security measures necessary to ensure the protection of the information;

(6)  the intervals at which the information is released; and

(7)  the duration of the agreement.

The agreement must be sent to the Commission and comes into force 30 days after it is received by the Commission.

1982, c. 30, s. 68; 1985, c. 30, s. 8; 2006, c. 22, s. 43; 2021, c. 25, s. 25.

2006-06-14

68. A public body may, without the consent of the person concerned, release personal information

(1)  to a public body or an agency of another government if it is necessary for the exercise of the rights and powers of the receiving body or the implementation of a program under its management;

(1.1)  to a public body or an agency of another government if it is clearly for the benefit of the person to whom it relates;

(2)  to a person or a body where exceptional circumstances justify doing so;

(3)  to a person or body if it is necessary for the purposes of a service to be provided to the person concerned by a public body, in particular for identifying the person.

The information is released under a written agreement that indicates

(1)  the identity of the public body releasing the information and of the person or body collecting it;

(2)  the purposes for which the information is released;

(3)  the nature of the information released;

(4)  the method of transmitting the information;

(5)  the security measures necessary to ensure the protection of the information;

(6)  the intervals at which the information is released; and

(7)  the duration of the agreement.

1982, c. 30, s. 68; 1985, c. 30, s. 8; 2006, c. 22, s. 43.

1985-06-20

68. A public body may, without the consent of the person concerned, release nominative information

(1)  to a public body where the release is necessary for the carrying out of the attributions of the receiving body or the implementation of a program under its management;

(2)  to a person or a body where exceptional circumstances justify doing so.

Any release of nominative information under this section shall be made under the terms of a written agreement.

1982, c. 30, s. 68; 1985, c. 30, s. 8.

1984-07-01

68. A public body may make an agreement with another public body or in accordance with the law, with a government other than that of Québec, an international organization or an agency of such a government or organization, to allow the disclosure of nominative information for the carrying out of an Act or for an investigation.

A public body may also make an agreement with a person or a private body to allow the release of a list of names of natural persons or information allowing them to be identified.

1982, c. 30, s. 68.