Designating a Privacy Officer is one of the first obligations under Law 25. It's also one of the most frequently misunderstood. Here's what it actually involves.
Who Is Affected?
All organizations that collect, use, or share personal information in Quebec have this obligation. This includes private businesses, non-profit organizations, professional associations, and political parties.
There is no size threshold. A five-person SMB has the same designation obligations as a company with five hundred employees.
The Default Role and Delegation
By default, Law 25 assigns this role to the person holding the highest position in the organization, typically the CEO or Executive Director. The role can be delegated in writing to another person, internal or external.
Delegation is permitted, but it does not fully transfer responsibility: senior management remains accountable for decisions made regarding the protection of personal information.
What the Role Actually Involves
The Privacy Officer title is not enough on its own. The designated person must carry out real responsibilities, including:
- Maintaining an inventory of personal information held by the organization
- Ensuring compliance with Law 25 obligations, including rules on consent, security, individual rights, and incident management
- Implementing and reviewing internal privacy policies
- Processing access and correction requests from individuals within the required timeframes
- Managing privacy incidents: assessing risks, notifying the CAI and affected individuals when required, maintaining the incident register
- Training and raising awareness among staff who access personal information
- Overseeing agreements with third parties (vendors, contractors) who process data on behalf of the organization
Publishing Contact Information
Law 25 requires that the Privacy Officer's title and contact information be easily accessible to the public. In practice, this means publishing it on your website, typically in your privacy policy or a dedicated contact page.
This is not a formality: it is the channel through which individuals exercise their rights and raise concerns.
The Most Common Mistakes
Treating the role as symbolic. Designating a Privacy Officer without giving them authority or time to fulfill their responsibilities creates surface-level compliance. In the event of an incident or investigation, the CAI looks beyond the title and assesses whether concrete measures were taken.
Confusing the role with an IT position. Personal information protection is not limited to cybersecurity. It also touches HR processes, contracts, marketing, and customer service. The Privacy Officer needs cross-functional visibility across the organization.
Not planning for succession. What happens if the designated person is absent or leaves the organization? A clear succession plan prevents gaps in incident management or urgent requests.
Failing to keep contact information current. If the Privacy Officer changes, the published information must be updated promptly. Incorrect contact details are themselves a non-compliance issue.
An Organizational Posture, Not Just a Job Title
The Privacy Officer is an anchor point for data governance within your organization. Their effectiveness depends less on their title than on their access to information, their authority to act, and the support they receive from leadership.
Observantia helps you document your Privacy Officer designation, structure their responsibilities, and maintain the registers they are required to keep under Law 25.
This content is provided for informational purposes only and does not constitute legal advice. For questions specific to your situation, consult a qualified legal professional.