Material Applicability

The ARPPIPS contains several material applicability factors that determine its scope of application:

• Processing-Susceptible Medium Factor;
• Exemption for Specific Purposes of Processing;
• Government and Public Agency Exemption;
• Data Held by Professional Order of a Political Party;
• Exception for Publicly Available Information;
• Exemption for Data Held by Private Entities on Behalf of Public Bodies;
• Exemption for Official Information of Public Servants.

Processing-Susceptible Medium Factor

ARPPIPS Div.1(1):

"The Act applies to such information, whether the enterprise keeps the information itself or through the agency of a third person, whatever the nature of its medium and whatever the form in which it is accessible, whether written, graphic, taped, filmed, computerized, or other."

The law applies regardless of how personal information is stored or accessed, covering all forms of data storage and processing methods.

Exemption for Specific Purposes of Processing

ARPPIPS Div.1(1):

"This Act does not apply to journalistic, historical or genealogical material collected, held, used or communicated for the legitimate information of the public."

The law excludes processing activities related to journalism, historical research, and genealogical studies when conducted for legitimate public information purposes.

Government and Public Agency Exemption

ARPPIPS Div.1(3)(1):

"This Act does not apply to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information"

Public bodies are excluded from the scope of ARPPIPS as they are governed by separate legislation.

Data Held by Professional Orders and Political Parties

ARPPIPS Div.1(1):

"This Act also applies to personal information held by a professional order to the extent provided for by the Professional Code and to that held by a political party, an independent Member or an independent candidate to the extent provided for by the Election Act"

The law applies to professional orders and political entities within the limits set by their respective governing legislation.

Territorial Applicability

Doing Business in Jurisdiction

ARPPIPS Div.1(1):

"The object of this Act is to establish... particular rules with respect to personal information relating to other persons which a person collects, holds, uses or communicates to third persons in the course of carrying on an enterprise within the meaning of article 1525 of the Civil Code."

The law applies to organizations conducting economic activities within Quebec, regardless of their physical location.