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

Section 92.3 Disposition versions

2023-09-22

92.3. In determining the penalty, the judge takes into account the following factors, among others:

(1)  the nature, seriousness, repetitiveness and duration of the offence;

(2)  the sensitivity of the personal information concerned by the offence;

(3)  whether the offender acted intentionally or was negligent or reckless;

(4)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(5)  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences;

(6)  whether the offender failed to take reasonable measures to prevent the commission of the offence;

(7)  whether the offender obtained or intended to obtain an increase in revenues or a decrease in expenses by committing the offence or by omitting to take measures to prevent it; and

(8)  the number of persons concerned by the offence and the risk of injury to which they are exposed.

2021, c. 25, s. 160.