Why did Quebec create a private sector privacy Act in 1994?
Delwaide: Firstly, in Canada in general and in Quebec more particularly, there was an increasing awareness on questions related to privacy. For example, the Quebec Charter of Rights, adopted in 1975, includes a specific provision to the effect that “every person has a right to respect for his private life”. Moreover, in 1980, the Organization for Economic Cooperation and Development (“OECD”) adopted guidelines on the protection of Privacy and Transborder Flows of Personal Data. In 1982, the Quebec National Assembly enacted the Act respecting Access to Documents Held by Public Bodies and the Protection of Personal Information. As its title enounces, this statute governs not only access to information held by public institutions, but also sets the boundaries for public agencies’ obligations to protect personal information they collect on individuals. At the beginning of the nineties, the Legislature adopted a revised Civil Code for the province of Quebec (to come into force in 1994), whi
