Civil Code respect of privacy and rights over a file kept on a person
Civil Code of Québec, CQLR c CCQ-1991, arts. 35-40
In force.
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Consent
- Audit expectation
- none
What it requires
- Do not invade a person’s privacy without the person’s consent or an authorization by law.
- Have a serious and legitimate reason before you establish a file on another person.
- Gather only information relevant to the stated objective of the file, and do not communicate it to third persons or use it for an inconsistent purpose without the person’s consent or an authorization by law.
- Let the person examine the file you keep on him free of charge, and give him a copy at a reasonable cost, unless the law provides otherwise.
- Do not deny access to the information in a file unless you have a serious and legitimate reason or the information may seriously injure a third person.
- Rectify inaccurate, incomplete or equivocal information in the file on the person’s request, delete obsolete information or information not justified by the purpose of the file, accept the person’s written comments, and notify without delay everyone who received the information in the preceding six months.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 35 to 40 set a right to privacy and rules on establishing, using and opening a file. They require no log or register.
- Kind
- None
- As of
What this law does
Every person has a right to the respect of his reputation and privacy, and the privacy of a person may not be invaded without the consent of the person or without the invasion being authorized by law.
The acts that may be considered invasions of the privacy of a person include intentionally intercepting or using his private communications, keeping his private life under observation by any means, and using his name, image, likeness or voice for a purpose other than the legitimate information of the public. Every person who establishes a file on another person must have a serious and legitimate reason for doing so.
A person who establishes a file may gather only information relevant to the stated objective of the file, and may not, without consent or authorization by law, communicate it to third persons or use it for purposes inconsistent with those for which the file was established. Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person.
A person keeping a file on a person may not deny him access to the information in it unless the keeper has a serious and legitimate reason for doing so or the information may seriously injure a third person. Every person may cause inaccurate, incomplete or equivocal information in a file concerning him to be rectified, may cause obsolete information or information not justified by the purpose of the file to be deleted, and may deposit his written comments in the file.
Notice of a rectification is given without delay to every person who received the information in the preceding six months.
When LexLint raises it
When your app profile says your app processes personal data or processes voice recordings.
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