Applicability of Data Protection Law in Quebec, Canada to Data Held by Professional Orders and Political Parties

The factor of data held by professional orders and political parties is used to set the scope of applicability of the Act respecting the protection of personal information in the private sector (ARPPIPS) within Quebec, Canada. Specifically, the ARPPIPS includes provisions that explicitly state how the law applies to personal information held by these entities.

Text of Relevant Provisions

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 (chapter C-26) and to that held by a political party, an independent Member or an independent candidate to the extent provided for by the Election Act (chapter E-3.3)."

Original (French):

"La présente loi s'applique également aux renseignements personnels détenus par un ordre professionnel dans la mesure prévue par le Code des professions (chapitre C-26) et à ceux détenus par un parti politique, un député indépendant ou un candidat indépendant dans la mesure prévue par la Loi électorale (chapitre E-3.3)."

Analysis of Provisions

The provision ARPPIPS Div.1(1) clearly stipulates that the Act applies to personal information held by two specific types of entities:

1. Professional Orders: These are regulatory bodies established by law to oversee specific professions, setting standards and maintaining ethical practices. The applicability of the ARPPIPS to these orders is limited by the provisions of the Professional Code (chapter C-26). This means that the extent to which professional orders must comply with the ARPPIPS is defined by the Professional Code.
2. Political Parties and Independent Members/Candidates: The ARPPIPS also extends to personal information held by political parties, independent Members, and independent candidates, but only as far as is defined by the Election Act (chapter E-3.3). This inclusion ensures that political entities are also accountable for the personal information they handle, within the boundaries set by the Election Act.

The rationale for including this factor in the law is to ensure that entities holding significant amounts of personal information for professional or political purposes are subject to data protection regulations. This approach helps maintain a balance between the need for data protection and the specific operational requirements of these entities.

Implications

For Professional Orders:

• Scope of Applicability: The ARPPIPS applies to personal information held by professional orders as regulated by the Professional Code. This means that professional orders must comply with data protection standards while considering the specific guidelines and exemptions provided in the Professional Code.
• Examples: If a professional order, such as the Ordre des ingénieurs du Québec, collects and processes personal information about its members, it must adhere to the ARPPIPS unless specific provisions in the Professional Code provide otherwise.

For Political Parties and Independent Members/Candidates:

• Scope of Applicability: The ARPPIPS applies to personal information held by political parties and independent Members/Candidates as regulated by the Election Act. This ensures that political entities are responsible for protecting personal information, which is crucial during election periods when large amounts of personal data are processed.
• Examples: During election campaigns, political parties must comply with the ARPPIPS when handling personal information about voters, volunteers, and donors, unless specific provisions in the Election Act dictate otherwise.

The explicit mention of these entities ensures clarity in the law's application, providing clear guidance for data protection officers and legal professionals working with or within these organizations.