Reputation, Privacy & Protection Of Personal Information

The Québec Charter and the Civil Code prohibit the invasion of a person's privacy or violation of his or her reputation. These provisions are completed by An Act Respecting the Protection of Personal Information in the Private Sector ("Private Sector Act"), which applies to all private enterprises which, directly or indirectly, gather, hold, use or communicate personal information.

Under the Private Sector Act, a person (e.g. an employer) collecting personal information for the purpose of establishing a file on another person or entering information in such a file can collect only information that is necessary to attain the object of the file. No information can be collected from any person other than the person concerned, unless that person consents to collection from a third person, unless the law so authorizes, or unless, in certain circumstances, the person collecting the information has a serious and legitimate reason for collecting it from a third person.