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

Section 70.1 Disposition versions

2023-09-22

70.1. Before releasing personal information outside Québec, a public body must conduct a privacy impact assessment. The body must, in particular, take into account

(1)  the sensitivity of the information;

(2)  the purposes for which it is to be used;

(3)  the protection measures, including those that are contractual, that would apply to it; and

(4)  the legal framework applicable in the State in which the information would be released, including the personal information protection principles applicable in that State.

The information may be released if the assessment establishes that it would receive adequate protection, in particular in light of generally recognized principles regarding the protection of personal information. The release of the information must be the subject of a written agreement that takes into account, in particular, the results of the assessment and, if applicable, the terms agreed on to mitigate the risks identified in the assessment.

The same applies where the public body entrusts a person or body outside Québec with the task of collecting, using, releasing or keeping such information on its behalf.

This section does not apply to a release of information under subparagraph 4 of the second paragraph of section 59 or under subparagraph 1.1 of the first paragraph of section 68. Nor does it apply to a release of information within the scope of an international commitment referred to in Chapter III of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), a release of information within the scope of an agreement referred to in Chapter III.1 or III.2 of that Act, or a communication of information under section 133 of the Public Health Act (chapter S-2.2).

2006, c. 22, s. 47; 2021, c. 25, s. 27.

2006-06-14

70.1. Before releasing personal information outside Québec or entrusting a person or a body outside Québec with the task of holding, using or releasing such information on its behalf, a public body must ensure that the information receives protection equivalent to that afforded under this Act.

If the public body considers that the information referred to in the first paragraph will not receive protection equivalent to that afforded under this Act, it must refuse to release the information or refuse to entrust a person or a body outside Québec with the task of holding, using or releasing it on its behalf.

2006, c. 22, s. 47.