The Québec government’s Act to Modernize Legislative Provisions respecting the Protection of Personal Information ("Bill 64" or the “Bill”) completed its parliamentary committee review phase on August 24, 2021. Bill 64 was first introduced by the Government of Quebec in the National Assembly on June 12, 2020. After months of committee review that began in February 2021, the detailed study of the Bill by the Committee on Institutions of the National Assembly ended on August 24, 2021.
Act respecting the protection of personal information in the private sector
While Québec Courts have delineated the scope of province’s Private Sector Privacy Act through the notion of “enterprise,” they have yet to delineate the scope of the Act’s territorial application. Determining the territorial application of Québec privacy legislation thus remains unsettled and unclear.
With the global reach of the internet and ease with which information may now be disseminated, this decision therefore may provide corporations and individuals with an effective avenue to pursue foreign-based entities and enforce their rights with respect to disputes involving illegal, defamatory or malicious online activity originating abroad.