Privacy, Trusts and Cross-Border Transfers of Personal Information: The Quebec Perspective in the Canadian Context by Eloïse Gratton, Pierre-Christian Collins Hoffman

Eloïse Gratton has made available for downed her article, “Privacy, Trusts and Cross-Border Transfers of Personal Information: The Quebec Perspective in the Canadian Context.”  The Abstract reads as follows:

This paper argues that data protection laws apply to prevent the disclosure of certain information relating to trusts, which are increasingly being used as business and investment vehicles. Given the broad scope of the concept of “personal information” found under both provincial and federal personal information protection statutes, arguments can be made that information relating to trust beneficiaries or trustees, where such beneficiaries or trustees are natural persons, enjoy some level of protection. Even where a trust contains an express choice of law clause providing that the laws of another province or country apply, Quebec conflict of laws rules may point to the application of Quebec’s own personal information protection legislation. Hence, in order to avoid liability, trustees should use caution before disclosing trust-related information where part of the trust’s business operations is outsourced to foreign jurisdictions, or where a foreign authority may request the disclosure of such information.

Download full article at Privacy, Trusts and Cross-Border Transfers of Personal Information: The Quebec Perspective in the Canadian Context by Eloïse Gratton, Pierre-Christian Collins Hoffman :: SSRN.

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s