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Bill 64 - An Act to modernize certain legislative provisions respecting the protection of personal information (Option consommateurs)

Option consommateurs strongly supports Bill 64 and urges the Quebec government to adopt it as quickly as possible. This bill proposes measures that will make companies more accountable for the protection of personal information, and puts forward a preventive and dissuasive approach that Quebec sorely needs.

Consumers in the digital age are tracked and profiled for commercial purposes by companies, not only on the web but also when they use connected objects. To ensure that they can obtain adequate information, we propose to broaden the scope of information that must be disclosed to them. Similarly, to help consumers make a more informed purchasing choice, we propose that this information be communicated to them prior to a commercial transaction.

That said, even though it provides consumers with more information, we feel that Bill 64 does not seriously challenge business models based on tracking and the massive collection of citizens' data for commercial purposes. To better protect the public in this environment, the bill should explicitly include the right for Internet users to refuse to be tracked online, via simple, easy-to-access technological mechanisms. We also propose to prohibit data processing causing unlawful discrimination or economic exploitation of consumers, as well as the use of data collected on children for commercial purposes.

We welcome the creation of a Quebec "right to be forgotten" and the extension of access to a deceased person's personal information. However, we regret that the legislator did not also provide for the possibility of a person leaving binding instructions as to the fate of his or her online accounts after death.

Option consommateurs fully supports the adoption of provisions allowing higher penalties to be imposed on offending companies. While these maximum penalties are necessary to deter companies, they will not jeopardize their economic viability. We are also proposing a substantial increase in funding for the Commission d'accès à l'information, to enable it to carry out its mission effectively.

Finally, Option consommateurs calls for consumers to have the right to access their credit file free of charge via the Internet, and for secondary uses of credit files for insurance, housing and employment purposes to be more tightly controlled.