This podcast series, intended for private sector companies doing business in Québec, dives into the requirements of Act 25 coming into force on September 22, 2022. Candice Hévin and Marie-Eve Jean, from our Privacy & Data Protection Group, lead the discussions on the changes to the private sector regime, namely the amendments to the Act respecting the protection of personal information.
In this episode, discover your responsibilities surrounding biometric data and disclosure obligations to the Québec privacy regulator.
Please note that the following provides only an overview and doesn’t constitute legal advice. Listeners are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
Transcript
Marie-Eve Jean: Hello, and welcome to Privacy 101 – Obligations under Act 25, a series of podcasts designed to assist you in preparing to comply with Québec’s new privacy legislation.
Candice Hévin: I am Candice Hévin.
Marie-Eve Jean: And I am Marie-Eve Jean.
Candice Hévin: We’re both lawyers at McMillan LLP and we work together as a team to help businesses operating in Québec achieve compliance with Québec’s privacy legislation.
Marie-Eve Jean: To give you some context, Québec adopted a new law on September 22, 2021. Bill 64 aims to modernize the privacy framework for both private and public sector regimes. This series focuses on the changes to the private sector regime, namely the amendments to the Act respecting the protection of personal information in the private sector, we will refer to it as Act 25.
Candice Hévin: In terms of timing, requirements will come into effect in three phases throughout the next three years. Although the majority of the new requirements will take effect as of September 22, 2023, some key requirements will take effect this month, as of September 22, 2022. A few requirements will also take effect as of September 22, 2024.
Marie-Eve Jean: In our previous episodes, we talked about enforcement mechanisms and your obligation to appoint a Privacy Officer and the obligations surrounding breach reporting, coming into force on September 22, 2022. In this episode, we will talk about the measures that impact the use of biometric data and that come into effect on September 22, 2022. So, what exactly is biometric data?
Candice Hévin: These are techniques that are used to analyze one or more physical or morphological characteristics. Physical characteristics can include fingerprints, facial features, the iris or retina of the eye. Biometric data can also include behavioural traits such as a person’s gait, or biological characteristics, such as DNA.
Marie-Eve Jean: Biometric data is…
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