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Lessons from Québec: towards a national policy for information privacy in our information society Boyer, Nicole-Anne

Abstract

While on the broadest level this paper argues for a rethinking of governance in our "information society," the central thesis of this paper argues for a national policy for data protection in the private sector. It does so through three sets of lessons from the Quebec data protection experience. These include lessons for I) the policy model, (2) the policy process, (3) the policy area as it relates to the policy problem as well as general questions about governance in an information polity. The methodology for this paper is based on a four-part sequential analysis. The first part is a theoretical and empirical exploration of the problem, which is broadly defined as the "tension over personal information." The second part looks comparatively at how other jurisdictions have responded to the problem. The third part assesses which model is the better policy alternative for Canada and concludes that Quebec regulatory route is better than the national status quo. The fourth part uses a comparative public policy framework, as well as interviews, to understand the policy processes in Quebec and Ottawa so that we can highlight the opportunities and constraints for a national data protection policy in the private sector.

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