G-1.021 - Act respecting the governance of the health and social services system

Section 79 Disposition versions

Not in force

Not in force

79. Where Santé Québec has cause to believe that a confidentiality incident involving personal information contained in the national information filing system or a register referred to in section 78 has occurred or that there is a risk of such an incident occurring, it must take reasonable measures to reduce the risk of injury and to prevent new incidents of the same nature.

If the incident presents a risk of serious injury, Santé Québec must promptly notify the Commission d’accès à l’information and the Minister. It must also notify the person or group holding the information concerned by the incident, as well as any person whose information is concerned by the incident, failing which the Commission may order it to do so. It may also notify any person or group that could reduce the risk and send the person or group, without the consent of the person concerned, any personal information necessary for that purpose.

Despite the second paragraph, a person whose information is concerned by the incident need not be notified so long as doing so could hamper an investigation conducted by a person or group responsible by law for the prevention, detection or repression of crime or statutory offences.

A government regulation may determine the content and terms of the notices provided for in this section.

For the purposes of this chapter, “confidentiality incident” means access to personal information or any other use or communication of such information not authorized by law, the loss of such information or any other breach of its protection.

2023, c. 34, s. 79.