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CHAPTER 8

The Rights of Individuals Concerned

Law 25 significantly strengthens individual rights. Your organization must be able to respond within approximately 30 days.

8.1 Β· Fundamental right

Right of access

Anyone can request to consult the personal information you hold about them. The organization must disclose it in an intelligible format, along with, on request, information about its source. Deadline: about 30 days.

8.2 Β· Correction

Right to rectification

An individual can have inaccurate, incomplete or ambiguous information corrected, or have information collected unlawfully or kept beyond the permitted period deleted.

8.3 Β· Since Sept. 2024

Right to portability

On request, the organization must disclose to the individual the computerized information they provided you, in a structured, commonly used technological format β€” or transmit it directly to another designated organization, where technically possible.

Important: this applies to information the individual provided you, not to data you created or inferred (e.g., a behavioral profile you built).
8.4 Β· Quebec's "right to be forgotten" Β· Since Sept. 2024

Right to de-indexing and cessation of dissemination

An individual can require you to stop disseminating information or de-index any hyperlink giving access to it, when:

  • The dissemination causes them harm
  • The harm outweighs the public's interest in knowing the information, or freedom of expression

This is Quebec's regulated equivalent of the European "right to be forgotten."

8.5 Β· Consent

Right to withdraw consent

An individual can withdraw their consent at any time. The organization must facilitate this and stop the related processing, subject to legal retention obligations.

8.6 Β· Artificial intelligence

Rights related to automated decisions

When a decision is based exclusively on automated processing, the individual has the right to:

  • Be informed of it
  • Know the information used and the main factors of the decision
  • Submit their observations to a staff member able to review the decision
8.7 Β· Process

Handling a request β€” 6 steps (~30 days)

  1. Receive the request via a single point of contact (ideally the Privacy Officer)
  2. Verify the requester's identity before disclosing anything
  3. Identify the information covered by the request
  4. Assess any applicable exceptions (third-party rights, professional secrecy, etc.)
  5. Respond in writing within the deadline (~30 days), giving reasons for any refusal and indicating available recourse
  6. Document the request and response as evidence of due diligence
RightIn force sinceTypical deadline
AccessPhase 2 β€” Sept. 2023~30 days
RectificationPhase 2 β€” Sept. 2023~30 days
PortabilityPhase 3 β€” Sept. 2024~30 days
De-indexing / cessationPhase 3 β€” Sept. 2024Reasonable
Withdrawal of consentPhase 2 β€” Sept. 2023Without undue delay

βœ“ Individual rights checklist

  • ☐ Do we have a single point of contact (Privacy Officer) for rights requests?
  • ☐ Can we export an individual's data in a portable format (CSV, JSON)?
  • ☐ Do we verify the requester's identity before responding?
  • ☐ Do we document every request and every response?