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Publications

October 28th, 2024

Information security incident management: A new regulatory framework for financial institutions and credit assessment agents

On October 23, 2024, the Regulation respecting the management and reporting of information security incidents by certain financial institutions and by credit assessment agents was published in the Gazette officielle du Québec. The Regulation will come into force in six months and is intended to provide a framework for the management and reporting of information security incidents by certain provincial financial institutions. In the event of non-compliance, the Regulation also provides for administrative penalties.

Publications

October 25th, 2024

AI back in the regulatory spotlight: California passes new legislation

Over the course of September, more than 30 bills were introduced in California aimed at regulating the development and use of artificial intelligence, in particular by imposing specific requirements on generative AI systems. The state has enacted several AI-related bills, including SB 942 California AI Transparency Act and AB 2013 Generative Artificial Intelligence: Training Data Transparency.

Publications

October 23rd, 2024

False statement to the CNESST: The court finds a worker guilty of an offence

It’s common knowledge that a Québec worker who has suffered an employment injury is entitled to an income replacement indemnity from the CNESST under the Act respecting industrial accidents and occupational diseases if the employee can’t work because of the injury. What happens if a worker learns from their doctor that the injury has consolidated and returns to work (for their current employer or a new employer) but doesn’t immediately advise the CNESST?

Publications

October 16th, 2024

Sharing personal information among financial institutions: A right that may be expanded for improved anti-money laundering efforts

Pursuant to the Budget Implementation Act, 2024, No. 1, passed on June 20, 2024, reporting entities subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, including banks and other institutions, are to be permitted to share an individual’s personal information with each other, without the individual’s knowledge or consent, for the purpose of detecting or deterring money laundering, terrorist activity financing or sanctions evasion.

Publications

September 26th, 2024

Professionals are directly liable for disclosures of personal patient information, even if they address the situation in good faith

On October 27, 2023, the Québec College of Physicians’ Disciplinary Council rendered a major decision regarding the minimum threshold professionals must meet to protect the personal information they gain access to in the context of their work. The decision makes it clear that a professional’s lack of familiarity with a cloud platform on which medical information concerning patients is stored does not release them from their duty of professional secrecy and confidentiality. They are still expected to strictly control access to these types of platforms.

Publications

September 23rd, 2024

The right to portability: new obligations for businesses and public bodies – Update