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ARTICLE · 25 AUGUST 2020

Bill 64 And The Exportation Of Personal Data From Quebec: Complications In Sight

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In reforming both the Act respecting Access to documents held by public bodies and the Protection of personal information ("Public Sector Act") ...

GlobalPrivacy
Jennifer Stoddart
Jennifer Stoddart
GenevièVe Laliberté
GenevièVe Laliberté
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In reforming both the Act respecting Access to documents held by public bodies and the Protection of personal information1 ("Public Sector Act") as well as the Act respecting the protection of personal information in the private sector2 ("Private Sector Act") by Bill 643, Quebec has chosen to adhere closely to the European model for data export. The relevant rule is that personal information should only go to those jurisdictions where an equivalent level of protection to that found in Quebec exists.

This so-called adequacy principle as applied by the European Union ("EU") has caused endless debates and litigation. To apply it at the level of a province heavily dependent on exports to other North American jurisdictions will be an onerous new requirement for business.

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