P-39.1 - Act respecting the protection of personal information in the private sector

Section 91 Disposition versions

2023-09-22

91. Anyone who

(1)  collects, uses, communicates, keeps or destroys personal information in contravention of the law,

(2)  fails to report, where required to do so, a confidentiality incident to the Commission or to the persons concerned,

(3)  contravenes the prohibition set out in section 8.4,

(4)  does not take the security measures necessary to ensure the protection of the personal information in accordance with section 10,

(5)  identifies or attempts to identify a natural person using de-identified information without the authorization of the person holding the information or using anonymized information,

(6)  is a personal information agent and contravenes any of sections 70, 70.1, 71, 72, 78, 79 and 79.1,

(7)  impedes the progress of an inquiry or inspection of the Commission or the hearing of an application by the Commission by providing it with false or inaccurate information, by omitting to provide information it requires or otherwise,

(8)  contravenes section 81.1,

(9)  refuses or neglects to comply, within the specified time, with a demand made under section 81.3, or

(10)  fails to comply with an order of the Commission

commits an offence and is liable to a fine of $5,000 to $100,000 in the case of a natural person and, in all other cases, of $15,000 to $25,000,000, or, if greater, the amount corresponding to 4% of worldwide turnover for the preceding fiscal year.

1993, c. 17, s. 91; 2006, c. 22, s. 144; 2021, c. 25, s. 160.

2023-02-01

91. Every person who collects, holds, communicates to third persons or uses personal information on other persons otherwise than in accordance with the provisions of Divisions II, III and IV of this Act is liable to a fine of $1,000 to $10,000 and, for a subsequent offence, to a fine of $10,000 to $20,000.

However, for a contravention of section 17, the fine is $5,000 to $50,000 and, for a subsequent offence, $10,000 to $100,000.

1993, c. 17, s. 91; 2006, c. 22, s. 144.

Seer 2021, c. 25, s. 160.

2006-06-14

91. Every person who collects, holds, communicates to third persons or uses personal information on other persons otherwise than in accordance with the provisions of Divisions II, III and IV of this Act is liable to a fine of $1,000 to $10,000 and, for a subsequent offence, to a fine of $10,000 to $20,000.

However, for a contravention of section 17, the fine is $5,000 to $50,000 and, for a subsequent offence, $10,000 to $100,000.

1993, c. 17, s. 91; 2006, c. 22, s. 144.

1999-04-01

91. Every person who collects, holds, communicates to third persons or uses personal information on other persons otherwise than in accordance with the provisions of Divisions II, III and IV of this Act is liable to a fine of $1 000 to $10 000 and, for a subsequent offence, to a fine of $10 000 to $20 000.

1993, c. 17, s. 91.