IIAC RESPONSE TO QUÉBEC BILL 64 – AN ACT TO MODERNIZE LEGISLATIVE PROVISIONS AS REGARDS THE PROTECTION OF PERSONAL INFORMATION
The IIAC’s response to Quebec Bill 64 reflects our concerns that it contains a number of provisions that are not only inconsistent with other domestic and international privacy regulations, but are also extremely burdensome, virtually impossible to operationalize, and do not provide individuals with meaningful protection of their data.
Currently, the provincial and federal privacy laws are relatively consistent in terms of content and results. Introducing inconsistencies increases uncertainty, creates inefficiencies, and increases the cost of compliance for Canadian entities operating within Canada, and foreign entities seeking to do business in Canada. We urge the Québec Government to work with the Department of Innovation, Science and Economic Development Canada (ISED) and the relevant provincial regulators in British Columbia, Alberta, and Ontario to develop a harmonized privacy regulatory framework. A harmonized approach would also facilitate a simplified interface with the General Data Protection Regulation (GDPR) and other international regulatory regimes.
In addition to our detailed comments about various requirements in the Bill, we urge the Quebec Government to include the foundational premise that underpins the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the GDPR, which recognize the need to balance individuals’ privacy rights with business needs for the use of data, in order to encourage the development of the digital economy and technological solutions that are critical to creating a strong and competitive economy.
Click here to read our submission.