The Bill 64 project (“BP64”), also known as Bill 25, on the protection of personal information will come into force on September 22, 2022.
In the meantime, Me Marie-Cécile Bodéüs explains what you need to know about its imminent arrival and the impact it will have on co-ownerships.
What are the objectives of Bill 64 on the protection of personal information in the private sector?
The primary objective of Bill 64 is to modernize government policies to address the concerns and issues surrounding the privacy of personal data, from its collection to its destruction.
To this end, Bill 64 clarifies and expands on existing obligations, such as consent, data use and disclosure. This bill also introduces new requirements for businesses. We are talking in particular about co-ownership corporations since they are required to process personal information. Moreover, governance policies and the appointment of a person in charge will be required.
In addition, BP64 will also expand the role of the Commission d’accès à l’information du Québec.
Finally, another objective is to make the actors responsible for the management of personal information. That is, they will be obliged to review their internal and external policies regarding the protection of personal information, even if it means being strongly sanctioned.
A better control of personal information
Bill 64 offers citizens better control over their personal information. In particular, it will provide more tools and rights to co-owners regarding the management of their data by the syndicate of co-ownership, as by all private enterprises.
From the preparation of registers to the management of information collected through surveillance cameras, syndicates of co-ownership will have to quickly comply with the new requirements. These requirements will come into effect over a period of 2 years starting in September 2022 until September 2024, in addition to complying with the current obligations regarding the protection of personal information.
What are the syndicate’s obligations to protect personal information?
As of September 2022, syndicates of co-ownership will have to designate a person responsible for the protection of personal information and publish the title and contact information of the person responsible on the website of the co-ownership. To the extent that the co-ownership does not have a website, the contact information must be made available by any other appropriate means.
In the event of a privacy incident involving personal information, syndicates shall take reasonable measures to minimize the risk of harm to individuals and to prevent similar incidents from occurring in the future.
The syndicate will also be required to notify the Commission and the individual concerned if the incident poses a risk of serious harm, and to keep a record of incidents. A copy of the record must be provided to the Board upon request.
Although already important for syndicates of co-ownership, the obligations that will result from Bill 64 will become even more important in September 2023 when new obligations will be put in place.
Free webinars to better understand Bill 64
Here are two free trainings we held on Bill 64 and the protection of privacy:
Is privacy an illusion?
- Bill 64: camera installation, usage and maintenance;
- How to manage requests for recording consultation ?
- What are the syndicate’s obligations?
With Me Francesca Lasorsa and Me Ludovic Le Draoullec
Emails, cell phone and APPS: where does your data go?
- What personal data can be requested?
- What are the syndicate’s limitations in collecting personal data ?
- What information can the syndicate keep about you ?
What information can it give/share? And most importantly: to whom?
With Me Clément Lucas and Me Pierre-Alexis Bombardier