Law / Canada / Quebec

Confidentiality incident notification and register

CQLR c P-39.1, ss. 3.5-3.8

In force since .

A breach notification rule binding private bodies.

Audit expectation
on_request
Who audits it
Regulator

What it requires

  • If you have cause to believe a confidentiality incident involving personal information you hold has occurred, take reasonable measures to reduce the risk of injury and prevent further incidents of the same nature.NIST Privacy FrameworkPR.PO-P7
  • Where the incident presents a risk of serious injury, judged by the sensitivity of the information, the anticipated consequences and the likelihood of injurious use, promptly notify the Commission d’accès à l’information and each person whose personal information is concerned.NIST Privacy FrameworkCM.AW-P7
  • Keep a register of every confidentiality incident, and send a copy to the Commission d’accès à l’information on request.NIST Privacy FrameworkPR.PO-P7

These lines are LexLint's reading of the law's text.

In the frameworks

NIST Privacy Framework
  • CM.AW-P7Impacted individuals and organizations are notified about a privacy breach or event.
  • PR.PO-P7Response plans (Incident Response and Business Continuity) and recovery plans (Incident Recovery and Disaster Recovery) are established, in place, and managed.

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

What it makes you log

Who may demand the log

Regulator

What the log must hold

Event time, Decision basis

Logging duty

The Act leaves the register's content to a government regulation; section 7 of the Regulation respecting confidentiality incidents (CQLR c A-2.1, r. 3.1) now lists the particulars the register must contain.

Kind
Explicit
As of
Provision
CQLR c P-39.1, s. 3.8
Trigger
security_incident

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A person carrying on an enterprise who has cause to believe that a confidentiality incident involving personal information the person holds has occurred must take reasonable measures to reduce the risk of injury and to prevent further incidents of the same nature. A confidentiality incident is access, use or communication of personal information not authorized by law, or the loss of personal information, or any other breach of its protection.

Where the incident presents a risk of serious injury, judged by the sensitivity of the information, the anticipated consequences and the likelihood of injurious use, the enterprise must promptly notify the Commission d’accès à l’information and each affected person, and must keep a register of confidentiality incidents, a copy of which must be sent to the Commission on request.

When LexLint raises it

When your app profile says your app operates a social platform, serves under-18s, operates an app store, ships a mobile app or processes personal data.

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