P-39.1 - Act respecting the protection of personal information in the private sector

Article 92.3 Versions de la disposition

2023-09-22

92.3. In determining the penalty, the judge takes into account the following factors, among others:

1°  the nature, seriousness, repetitiveness and duration of the offence;

2°  the sensitivity of the personal information concerned by the offence;

3°  whether the offender acted intentionally or was negligent or reckless;

4°  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

5°  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences;

6°  whether the offender failed to take reasonable measures to prevent the commission of the offence;

7°  whether the offender obtained or intended to obtain an increase in revenues or a decrease in expenses by committing the offence or by omitting to take measures to prevent it; and

8°  the number of persons concerned by the offence and the risk of injury to which they are exposed.

2021, c. 25, s. 160.