Digital Rights in Quebec: Data Portability

Governments are taking a stronger stance on protecting and promoting access to consumer data. For those in or interacting with Quebec, a new personal right to data portability is coming into force on September 22, 2024.

What is Data Portability?

Data portability refers to the ability of an individual to easily move, transfer, or copy personal data from one system, service, or platform to another in a structured, commonly used, and machine-readable format. This concept is particularly important where users may want to switch from one service provider to another without losing access to their data or having to manually transfer it. In Quebec, data portability includes the ability for a consumer to review the data an organization has on them upon request.

Data Portability in Quebec

If you have the personal information of any individual based in Quebec, section 27 of Quebec’s “Act respecting the protection of personal information in the private sector” states:

“Every person carrying on an enterprise who holds personal information on another person must, at the request of the person concerned, confirm the existence of the personal information, communicate it to the person and allow him to obtain a copy of it.

At the applicant’s request, computerized personal information must be communicated in the form of a written and intelligible transcript.

If the person concerned is handicapped, reasonable accommodation must be provided on request to enable the person to exercise the right of access provided for in this division.”

Takeaways

What does this mean for you? As of September 22, 2024, you must be able to provide individuals with a copy of their data. Practically, you should task an individual or a team within your organization to field these requests. It also provides an opportunity for your organization to review your data procedures: what information do you have on file? Where and how is it stored? How easily can you access and provide a copy of an individual’s information? How long are you storing it, and how do you dispose of information you no longer need?

These are great questions to ask even if you have no personal information about anyone in Quebec, because data privacy and security are increasingly important aspects of our interconnected lives. While Quebec is the first province to institute these protections for consumers, other provinces are developing similar legislation for the public and private spheres that will impact charities; being proactive now will help you save time, energy, and possibly even money in the future.