The Privacy Impact Assessment in Québec (EFVP) and Its Connection to the European Data Protection Impact Assessment
In recent years, privacy and personal data protection have become central issues in the digital world. Governments across the globe are increasingly aware of the need to establish strong legal frameworks that ensure individuals’ rights are respected while organizations continue to innovate and operate in data-driven environments. In Québec, the Évaluation des Facteurs Relatifs à la Vie Privée (EFVP), which can be translated as a Privacy Impact Assessment (PIA), has emerged as one of the key instruments for guaranteeing compliance with local privacy laws, especially since the adoption of Law 25 (formerly Bill 64) that significantly modernized the province’s privacy framework. In Europe, the equivalent concept is the Data Protection Impact Assessment (DPIA), required by the General Data Protection Regulation (GDPR).
The Québec EFVP and the European DPIA are both designed to achieve the same fundamental purpose: ensuring that organizations identify, evaluate, and mitigate the privacy risks that may arise when processing personal data, particularly in contexts involving new technologies or sensitive information. Although they are rooted in different legal traditions—one North American and provincial, the other European and supranational—their commonalities are striking. Both instruments are intended to transform the way institutions view data protection, shifting from reactive compliance toward proactive accountability.
This article will explore in depth the EFVP in Québec, its regulatory foundations, its importance for organizations, and how it connects to the European DPIA. By analyzing their similarities, differences, and potential synergies, it will become clear that both approaches are part of a global movement toward a culture of accountability in personal data management.
The concept of EFVP in Québec is closely tied to the reform brought by Law 25, which came into effect progressively starting in 2022. This law updated both the Act Respecting the Protection of Personal Information in the Private Sectorand the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information. One of its key innovations is the formal requirement for organizations, whether public or private, to conduct a privacy impact assessment whenever they intend to acquire, develop, or redesign an information system or electronic service that involves the collection, use, release, or destruction of personal information.
This requirement reflects a paradigm shift. Previously, privacy protection was often treated as a reactive measure, addressed once risks had already materialized. With the EFVP, organizations must anticipate potential risks before implementing systems or technologies. The law emphasizes that personal information should only be collected for serious, legitimate, and necessary purposes, and that organizations are accountable for the lifecycle of the data they process. Conducting an EFVP is therefore not merely a procedural obligation; it is a strategic exercise designed to ensure compliance and foster trust with citizens.
The EFVP involves identifying the nature of the data processed, analyzing the potential impacts on individuals’ privacy, assessing the proportionality of the data collection, and proposing mitigation measures to minimize risks. While the law does not prescribe a strict template, it outlines the elements that must be considered, such as whether data will be transferred outside Québec, what security safeguards are in place, and how long data will be retained. Moreover, organizations must keep written records of their EFVPs, which may be requested by the Commission d’accès à l’information (CAI), the regulatory authority overseeing privacy matters in Québec.
The institutionalization of the EFVP signals a broader transformation of privacy law in Québec. The province now requires companies to adopt a “privacy by design” approach, integrating privacy considerations into the early stages of project planning rather than treating them as an afterthought. This brings Québec’s framework much closer to the European model established by the GDPR, which strongly influenced the legislative reforms.
The EFVP has a crucial role in ensuring that organizations operating in Québec respect the fundamental right to privacy while continuing to leverage data for innovation and service delivery. From a practical standpoint, the EFVP serves multiple functions.
First, it acts as a risk management tool. By obliging organizations to anticipate potential harms, the EFVP reduces the likelihood of data breaches, unauthorized disclosures, or misuse of sensitive information. These incidents not only expose individuals to harm but also damage the reputation of companies and expose them to significant financial and legal consequences.
Second, the EFVP reinforces transparency and accountability. When organizations document their privacy impact assessments, they demonstrate to regulators, partners, and the public that they take privacy seriously. This contributes to building trust, which is increasingly a competitive advantage in digital markets. In an era where consumers are more aware of their rights and more skeptical of how companies handle their data, being able to show that a thorough EFVP was conducted can enhance legitimacy.
Third, the EFVP encourages organizational learning. By systematically conducting these assessments, companies develop internal expertise and cultivate a culture of privacy awareness. Over time, this leads to more robust data governance practices and greater alignment with international standards, which is essential for companies operating globally.
Finally, the EFVP acts as a bridge between legal compliance and ethical responsibility. While the law requires organizations to conduct EFVPs, the spirit of the exercise goes beyond mere compliance. It encourages organizations to reflect on whether their data practices respect not only the letter of the law but also societal expectations regarding fairness, dignity, and respect for individual autonomy. In this sense, the EFVP is not only a legal requirement but also a catalyst for responsible innovation.
The European Union’s General Data Protection Regulation, which came into force in May 2018, introduced the concept of the Data Protection Impact Assessment (DPIA). Much like the EFVP, the DPIA is a proactive mechanism designed to ensure that organizations assess and mitigate risks to privacy before launching projects that involve personal data processing.
Article 35 of the GDPR requires a DPIA to be carried out whenever data processing is likely to result in a high risk to the rights and freedoms of individuals. Examples include large-scale processing of sensitive data, systematic monitoring of public areas, or the use of new technologies that could significantly impact privacy. The DPIA must include a systematic description of the envisaged processing, an assessment of its necessity and proportionality, an evaluation of the risks to data subjects, and measures envisaged to address these risks.
One of the distinctive features of the European approach is the role of Data Protection Authorities (DPAs). These regulators may publish lists of situations where a DPIA is required, and organizations may be required to consult them if risks cannot be adequately mitigated. This creates a structured dialogue between organizations and regulators, strengthening the accountability principle at the heart of the GDPR.
Another crucial aspect of the DPIA is its link to the concept of “privacy by design and by default.” This means that organizations must integrate privacy considerations into their technologies and processes from the outset, ensuring that data protection is not an afterthought but an integral part of innovation. The DPIA is one of the practical tools that help achieve this integration.
The DPIA is thus both a compliance requirement and a strategic tool for organizations operating in Europe. It helps align business practices with the strict standards of the GDPR while enhancing public trust and protecting individuals’ rights. For international companies, the DPIA is also an opportunity to adopt consistent practices that can be adapted across jurisdictions, including Québec.
When comparing Québec’s EFVP with the European DPIA, it is evident that both instruments share a common philosophy: the idea that privacy protection must be anticipatory, systematic, and embedded in organizational practices. Both require organizations to assess risks, document their evaluations, and implement mitigating measures. Both also aim to strengthen accountability by ensuring that organizations can demonstrate compliance when questioned by regulators.
However, there are also differences worth noting. In Québec, the EFVP is required for any acquisition, development, or redesign of information systems involving personal data, regardless of the perceived level of risk. In Europe, by contrast, the DPIA is mandatory only when processing is likely to result in a high risk. This difference reflects distinct legal traditions: Québec has chosen a broader and more systematic approach, while Europe relies on a risk-based threshold to determine when a DPIA is necessary.
Another difference lies in institutional oversight. In Québec, EFVPs are conducted internally, and while the CAI may request them, there is no routine obligation to consult the regulator unless specific issues arise. In Europe, by contrast, organizations must sometimes engage in prior consultation with DPAs when residual high risks remain. This gives European regulators a more active role in the process.
Despite these differences, the similarities are far more striking than the divergences. Both frameworks seek to instill a culture of responsibility, ensuring that privacy is embedded in governance and technological choices. Both also reflect the growing international convergence in privacy regulation, as jurisdictions around the world adopt similar tools and principles inspired by the GDPR.
For multinational companies, this convergence is particularly significant. It means that investing in strong internal processes for conducting DPIAs can also support compliance with Québec’s EFVP, and vice versa. Organizations that adopt a global privacy governance framework can harmonize their practices and reduce duplication of effort while demonstrating a consistent commitment to privacy across jurisdictions.
The EFVP in Québec and the DPIA in Europe exemplify a profound shift in the way privacy is regulated and practiced. No longer confined to reactive measures, privacy protection is now seen as a proactive responsibility, requiring organizations to anticipate risks, document their practices, and integrate privacy into their operations from the start.
The Québec EFVP reflects the influence of international standards, especially the European GDPR, while adapting them to the local context. Its systematic scope ensures that privacy considerations are always present when new systems are developed or implemented. The European DPIA, with its risk-based focus and structured regulatory oversight, provides another model of proactive privacy governance.
Together, these instruments are part of a global trend toward accountability, transparency, and responsible innovation. They encourage organizations not only to comply with the law but also to adopt ethical practices that respect individuals’ fundamental rights in an increasingly digital society.
As data flows transcend borders, the importance of harmonization between frameworks such as Québec’s EFVP and Europe’s DPIA becomes even clearer. They provide a common language for addressing privacy risks and foster trust in global data ecosystems. Ultimately, both instruments are more than legal requirements—they are building blocks for a future where technological progress and the protection of human dignity can coexist in balance.
Investing in GDPR compliance efforts can weigh heavily on large corporations as well as smaller to medium-sized enterprises (SMEs). Turning to an external resource or support can relieve the burden of an internal audit on businesses across the board and alleviate the strain on company finances, technological capabilities, and expertise.
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