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

Section 59
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59. A public body shall not release personal information without the consent of the person concerned. Such consent must be given expressly when it concerns sensitive personal information.
Notwithstanding the foregoing, a public body may release personal information without the consent of the person concerned in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is necessary to prosecute an offence against an Act administered by that body or to the Director of Criminal and Penal Prosecutions, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is necessary for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a person or body responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  (subparagraph repealed);
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 63.8, 66, 67, 67.1, 67.2, 67.2.1 and 68;
(9)  to a person involved in an incident that has been the subject of a report by a police force or by a person or body acting in conformity with an Act that requires a report of the same nature; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.
For the purposes of this Act, personal information is sensitive if, due to its nature, in particular its medical, biometric or otherwise intimate nature, or the context of its use or release, it entails a high level of reasonable expectation of privacy.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13; 2006, c. 22, s. 32, s. 177; 2005, c. 34, s. 37; 2021, c. 25, s. 13.
59. A public body shall not release personal information without the consent of the person concerned.
Notwithstanding the foregoing, a public body may release personal information without the consent of the person concerned in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is necessary to prosecute an offence against an Act administered by that body or to the Director of Criminal and Penal Prosecutions, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is necessary for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a body responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  (subparagraph repealed);
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 63.8, 66, 67, 67.1, 67.2, 67.2.1 and 68;
(9)  to a person involved in an incident that has been the subject of a report by a police force or by a person or body acting in conformity with an Act that requires a report of the same nature; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13; 2006, c. 22, s. 32, s. 177; 2005, c. 34, s. 37; 2021, c. 25, s. 13.
In subparagraph 8 of second paragraph, the words «63.8» and «67.2.1» come into force on 22 September 2022. (2021, c. 25, s. 175(2°))
59. A public body shall not release personal information without the consent of the person concerned.
Notwithstanding the foregoing, a public body may release personal information without the consent of the person concerned in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is necessary to prosecute an offence against an Act administered by that body or to the Director of Criminal and Penal Prosecutions, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is necessary for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a body responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 66, 67, 67.1, 67.2, 68 and 68.1;
(9)  to a person involved in an incident that has been the subject of a report by a police force or by a person or body acting in conformity with an Act that requires a report of the same nature; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13; 2006, c. 22, s. 32, s. 177; 2005, c. 34, s. 37.
59. A public body shall not release personal information without the consent of the person concerned.
Notwithstanding the foregoing, a public body may release personal information without the consent of the person concerned in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is necessary to prosecute an offence against an Act administered by that body or to the Attorney General, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is necessary for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a body responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 66, 67, 67.1, 67.2, 68 and 68.1;
(9)  to a person involved in an incident that has been the subject of a report by a police force or by a person or body acting in conformity with an Act that requires a report of the same nature; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13; 2006, c. 22, s. 32, s. 177.
59. A public body shall not release nominative information without the consent of the person concerned.
Notwithstanding the foregoing, a public body may release nominative information without the consent of the person concerned in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is required for the purposes of a prosecution for an offence against an Act administered by that body or to the Attorney General, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is required for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a person responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 67, 67.1, 67.2, 68 and 68.1;
(9)  to a person involved in an incident that has been the subject of a report by a police force; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13.
59. A public body shall not release nominative information without the consent of the person concerned.
Notwithstanding the foregoing, a public body may release nominative information without the consent of the person concerned in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is required for the purposes of a prosecution for an offence against an Act administered by that body or to the Attorney General, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is required for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a person responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 67, 67.1, 67.2, 68 and 68.1.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5.
59. In no case may nominative information be released by a public body, without the consent of the person concerned, except in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is required for the purposes of a prosecution for an offence against an Act administered by that body or to the Attorney General, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is required for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a person responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  (paragraph repealed);
(7)  (paragraph repealed);
(8)  to a person, body or agency, in accordance with sections 61, 67, 67.1, 67.2, 68 and 68.1.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5.
59. In no case may nominative information be released by a public body, without the consent of the person concerned, except in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is required for the purposes of a prosecution for an offence against an Act administered by that body or to the Attorney General, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is required for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a person responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  to the Keeper of the Archives nationales du Québec, in accordance with the Archives Act (chapter A-21.1);
(7)  to the Bureau de la statistique du Québec, according to law;
(8)  to a body or agency, in accordance with sections 61, 61.1, 67 and 68.
1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1.
59. In no case may nominative information be released by a public body, without the consent of the person concerned, except in the following cases and strictly on the following conditions:
(1)  to the attorney of that body if the information is required for the purposes of a prosecution for an offence against an Act administered by that body or to the Attorney General, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is required for purposes of judicial proceedings other than those contemplated in paragraph 1;
(3)  to a person responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;
(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;
(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;
(6)  to the Keeper of the Archives nationales du Québec, in accordance with the Archives Act (chapter A-21.1);
(7)  to the Bureau de la statistique du Québec, according to law;
(8)  to a body or agency, in accordance with sections 61, 67 and 68.
1982, c. 30, s. 59; 1983, c. 38, s. 55.
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