Act respecting the protection of personal information in the private sector, cessation of dissemination and de-indexation
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- On the request of the person the information relates to, cease disseminating the information or de-index any hyperlink attached to their name that gives access to it by a technological means, if the dissemination contravenes the law or a court order (s. 28.1).
- On the same request, or to re-index a hyperlink, act where the dissemination causes the person serious injury to reputation or privacy, the injury is clearly greater than the public’s interest in knowing the information and any person’s interest in expressing themselves freely, and the request does not exceed what is necessary to prevent the injury from continuing (s. 28.1).
- When you grant such a request, have the person in charge of the protection of personal information attest in the written reply to the cessation of dissemination, the de-indexation or the re-indexation (s. 28.1).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 28.1 lets a person require an enterprise to cease disseminating personal information or to de-index or re-index a hyperlink, and requires the written reply granting a request to carry the attestation of the person in charge of the protection of personal information. It names no log or register, sets no period, and says nobody may demand a record, so no logging duty is found.
- Kind
- None
- As of
What this law does
The person to whom personal information relates may require any person carrying on an enterprise to cease disseminating that information or to de-index any hyperlink attached to his name that provides access to the information by a technological means, if the dissemination of the information contravenes the law or a court order.
The person may do likewise, or may require that the hyperlink providing access to the information be re-indexed, where the dissemination causes the person concerned serious injury in relation to his right to the respect of his reputation or privacy, the injury is clearly greater than the interest of the public in knowing the information or the interest of any person in expressing himself freely, and the request does not exceed what is necessary for preventing the perpetuation of the injury.
When granting such a request, the person in charge of the protection of personal information shall attest, in his written reply under section 32, to the cessation of the dissemination of the personal information or to the de-indexation or the re-indexation of the hyperlink.
When LexLint raises it
When your app profile says your app processes personal data, reuses other publishers' content or operates a social platform.
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