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ARTICLE · 28 JULY 2020

Potential Impact Of Quebec's Privacy Legislation On Clinical Research

Bill 64, which modernizes the framework applicable to the protection of personal information provided for in various Quebec statutes, was recently introduced before the National Assembly.

CanadaPrivacy

Bill 64, which modernizes the framework applicable to the protection of personal information provided for in various Quebec statutes, was recently introduced before the National Assembly.

This bill may have a considerable impact on public bodies and enterprises, especially when it comes to collecting, using and sharing personal information in the context of research activities:

  • Additional consent requirements: The bill enacts various criteria for consent (to the collection or processing of personal information) to be valid, including the requirement that consent be: (i) clear, free, informed and given for specific purposes, (ii) requested in clear and simple language for each purpose for which it is obtained, (iii) obtained separately from any other information provided to the person concerned, and (iv) for any minor under 14 years of age, obtained from the person having parental authority, unless collecting the information is clearly for the minor's benefit.

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