What are the jurisdictional considerations transferring personal information across a Quebec border?
Delwaide: Summarily, the exemption order published at the end of 2003 by the Federal Government under paragraph 26(2) of PIPEDA excludes the application of PIPEDA in the province of Quebec for any organization, other than a federal work undertaking or business, that carries on an enterprise within the meaning of section 1525 of the Civil Code of Quebec and to which an Act respecting the Protection of Personal Information in the Private Sector applies, in respect of the collection, use and disclosure of personal information that occurs within the province of Quebec. This exemption does not apply to federal work undertaking or businesses such as a railway company, a line of ship, a line of air transportation, a radio (or TV) broadcasting station, a bank, etc. Please note also that I have personally obtained from the Superior Court of Montreal a declaratory judgment stating that the Quebec Privacy Act does not apply to the personal information managed by a federal undertaking when this pe
