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

Section 18.1 Disposition versions

2024-07-01

18.1. In addition to the cases referred to in section 18, a person who carries on an enterprise may also communicate personal information the person holds on another person, without the consent of the persons concerned, in order to protect a person or an identifiable group of persons where there is reasonable cause to believe that a serious risk of death or of serious bodily injury, related in particular to a disappearance or to an act of violence, including a suicide attempt, threatens the person or group and where the nature of the threat generates a sense of urgency.

The information may in such case be communicated to any person exposed to the risk or that person’s representative, and to any person who can come to that person’s aid.

A person carrying on an enterprise who communicates information pursuant to this section may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

Where information is so communicated by a person carrying on an enterprise, the person must make an entry of the communication.

No proceedings may be brought against a person carrying on an enterprise for communicating information in good faith under this section. The same applies to any person who, on behalf of the person carrying on an enterprise, participates in good faith in such a communication, even indirectly.

For the purposes of the first paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2001, c. 78, s. 13; 2017, c. 10, s. 32; 2021, c. 25, s. 113; 2023, c. 5, s. 230.

2023-09-22

18.1. In addition to the cases referred to in section 18, a person who carries on an enterprise may also communicate personal information the person holds on another person, without the consent of the persons concerned, in order to prevent an act of violence, including a suicide, where there is reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening a person or an identifiable group of persons and where the nature of the threat generates a sense of urgency.

The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid.

A person carrying on an enterprise who communicates information pursuant to this section may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

Where information is so communicated by a person carrying on an enterprise, the person must make an entry of the communication.

For the purposes of the first paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2001, c. 78, s. 13; 2017, c. 10, s. 32; 2021, c. 25, s. 113.

2017-05-30

18.1. In addition to the cases referred to in section 18, a person who carries on an enterprise may also communicate personal information included in a file the person holds on another person, without the consent of the persons concerned, in order to prevent an act of violence, including a suicide, where there is reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening a person or an identifiable group of persons and where the nature of the threat generates a sense of urgency.

The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid.

A person carrying on an enterprise who communicates information pursuant to this section may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

Where information is so communicated by a person carrying on an enterprise, the person must make an entry of the communication. That entry is part of the file.

For the purposes of the first paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2001, c. 78, s. 13; 2017, c. 10, s. 32.

2001-12-20

18.1. In addition to the cases referred to in section 18, a person who carries on an enterprise may also communicate personal information included in a file the person holds on another person, without the consent of the persons concerned, in order to prevent an act of violence, including a suicide, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.

The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid.

A person carrying on an enterprise who communicates information pursuant to this section may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

Where information is so communicated by a person carrying on an enterprise, the person must make an entry of the communication. That entry is part of the file.

2001, c. 78, s. 13.