Bill 82: One Step Closer to a National Digital Identity (and Modifications to Other Provisions!)

On November 21, Éric Caire, Minister of Cybersecurity and Digital Technology (the “Minister”), introduced Bill 82, An Act respecting the national digital identity and amending other provisions (“Bill 82”). 

The bill notably introduces the concept of “national digital identity” and makes amendments to other existing laws. 

National Digital Identity 

Under Bill 82, the national digital identity is defined as “all the means at the disposal of the State to guarantee every person secure access to government electronic delivery of services and enable every person to have a high level of trust during their interactions with public bodies.” This secure access enabling a high level of trust would primarily be achieved through government digital attestations. 

Bill 82 also provides for the development of a national digital identity register, under the Minister’s responsibility. However, it is specifically mentioned that the data contained in this register cannot be used for profiling purposes, that is, for assessing a person’s characteristics.  

New Roles and Responsibilities Assigned to the Minister 

Through Bill 82, the Minister is assigned new roles and responsibilities as the official source of government digital data, including the name, the date and the place of birth of a natural person, as well as the name of the person’s parents, the name and contact information of a legal person or a partnership, and “any other information determined by the Government.”  

The Minister would therefore have the authority to dictate and collect the information needed to create a national digital identity. The bill makes amendments to the Health Insurance Act, requiring the Régie de l’assurance maladie du Québec to transmit to the Minister, upon his request, the insured persons’ information (name, date of birth, sex, address, phone numbers, and name of spouse). 

Additionally, Bill 82 requires public bodies to notify the Minister, with due diligence, of any breach of confidentiality, availability or integrity of an information resource or information under their responsibility that presents a risk of serious injury.  

Amendment to the Act to Establish a Legal Framework for Information Technology 

In addition to the above-mentioned changes, Bill 82 repeals sections 63 to 68 of the Act to establish a legal framework for information technology. Thus, organizations will have to rely on generally accepted norms and standards to validate their compliance with certain obligations under this act, rather than requiring the approval of the recognized bodies referred to in section 68 of this act. 

What Does This Mean for businesses? 

Businesses could be affected by some changes introduced by Bill 82, especially regarding the government’s authority to determine the terms and conditions of agreements in order to make the national digital identity interoperable with their infrastructures and systems. 

Furthermore, depending on the terms and conditions established by the Minister, the obligation to report any breach of confidentiality, availability or integrity of information resources could also affect certain organizations, depending on the services they provide to public bodies. 

Conclusion 

With the introduction of Bill 82, the national digital identity project is becoming increasingly tangible. For any questions or advice related to the provisions outlined in Bill 82, or for any inquiries about data protection, privacy, or cybersecurity, contact BCF’s team.