Quebec Law 25: Privacy Officer Obligations

Who Is the Privacy Officer by Default?

• By law, the person with the highest authority in the organization is automatically responsible (typically the CEO or equivalent)
• The role can be delegated in writing to another member of management
• Accountability cannot be delegated; it stays with the senior person regardless
• The Privacy Officer does not need to be located in Quebec

Ensure Compliance with Law 25

The Privacy Officer is accountable for making sure the organization:

• Collects only the personal information that is necessary
• Uses it for legitimate, clearly defined purposes
• Protects it with appropriate safeguards
• Retains and destroys it according to established rules

Implement Governance Policies

They must establish and maintain:

• Privacy policies and procedures
• Data lifecycle rules covering collection, use, retention, and destruction
• Access controls and security safeguards

These policies must be:

• Documented
• Applied in practice
• Available to the public, at minimum in summary form

Manage Confidentiality Incidents (Breaches)

The Privacy Officer is responsible for:

• Assessing incidents when they occur
• Determining whether there is a high risk of serious injury to affected individuals (this is the threshold that triggers mandatory reporting)
• Deciding on and executing notifications to:
  • The CAI (Commission d'accès à l'information — the regulator)
  • Affected individuals
• Maintaining the organization's breach register

Conduct Privacy Impact Assessments (PIAs)

PIAs are required when:

• Implementing new systems or technologies that involve personal information
• Transferring personal data outside Quebec
• Working with sensitive or large-scale data
• Retaining or destroying personal information

Handle Data Subject Requests

The Privacy Officer oversees responses to individuals who:

• Request access to their personal data
• Ask for corrections to their data
• Exercise other privacy rights under the law

Responses must be provided within 30 days of receipt, with the possibility of an extension in certain circumstances.

Ensure Transparency

The Privacy Officer must ensure the organization:

• Publishes a clear privacy policy in plain language
• Informs individuals about what data is collected, why, and how it is used
• Publishes the Privacy Officer's name, title, and contact information on the company website
• Notifies the CAI of who holds the Privacy Officer role

Oversee Third-Party Risk

They are responsible for ensuring:

• Vendors and service providers handling personal data offer adequate protection
• Contracts with those third parties include appropriate privacy clauses

Note: This is a summary for general awareness. For legal advice specific to your organization, consult a Quebec privacy lawyer or certified privacy professional.