The Act respecting the protection of personal information in the private sector (ARPPIPS) in Quebec, Canada, uses the exemption for specific purposes of processing as a factor to limit its scope of applicability. This exemption specifically applies to journalistic, historical, and genealogical materials used for legitimate public information purposes.

Text of Relevant Provision

ARPPIPS Division I, Section 1, Paragraph 4 states:

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

Analysis of Provision

The provision explicitly excludes certain types of data processing from the scope of the ARPPIPS. Specifically, it exempts three categories of material:

1. "journalistic" material
2. "historical" material
3. "genealogical" material

These exemptions apply when such material is "collected, held, used or communicated" for a specific purpose: the "legitimate information of the public". This phrase is crucial as it sets a condition for the exemption to apply.

The rationale behind this exemption is to balance data protection rights with other fundamental rights and public interests, such as freedom of expression, freedom of the press, and the public's right to information. By exempting these categories, the law acknowledges the importance of journalistic activities, historical research, and genealogical studies in informing the public and preserving cultural heritage.

The use of the term "legitimate" in relation to public information suggests that there must be a valid reason for the collection, holding, use, or communication of the material. This implies that not all journalistic, historical, or genealogical activities are automatically exempt; they must serve a legitimate public information purpose.

Implications

This exemption has several implications for businesses and organizations:

1. Media organizations and journalists may process personal data more freely when engaged in legitimate journalistic activities.
2. Historical researchers and institutions (e.g., museums, archives) may collect and use personal information for historical documentation and research without being fully subject to the ARPPIPS.
3. Genealogical societies and researchers can gather and share family history information with reduced data protection constraints.
4. Organizations must carefully assess whether their activities truly fall under these exemptions. For instance:
   • A newspaper publishing an investigative report would likely be exempt.
   • A company using historical data for marketing purposes would probably not be exempt.
   • A genealogical website allowing users to build family trees might be exempt, but would need to ensure it's for legitimate public information.
5. The exemption does not provide blanket protection. Organizations must still ensure their activities serve the "legitimate information of the public" and not other purposes.
6. Organizations operating across multiple jurisdictions need to be aware that this exemption may not apply in other provinces or countries, necessitating different data handling practices in different regions.