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ARTICLE · 21 JULY 2022

An Update On New Québec Confidentiality Incidents And Record-keeping Requirements

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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On June 29, 2022, the Québec provincial government proposed the long-awaited regulations clarifying the new notification and record-keeping requirements for confidentiality incidents under Bill 64.

CanadaLitigation, Mediation & Arbitration

On June 29, 2022, the Québec provincial government proposed the long-awaited regulations clarifying the new notification and record-keeping requirements for confidentiality incidents under Bill 64 (Confidentiality Incidents Regulation)1. Québec becomes the third jurisdiction to introduce these obligations for organizations that sustain confidentiality incidents, after the Alberta Personal Information Protection Act (PIPA) in 2010 and the federal Personal Information Protection and Electronic Documents Act (PIPEDA) in 2018. These new requirements come into force in Québec on September 22, 2022.

In this article, we first provide a summary of the new legal requirements pertaining to the management of confidentiality incidents provided under Bill 64, followed by a summary of the recently published Confidentiality Incidents Regulation clarifying the new notification and record-keeping requirements.

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