Beyond Consent-Based Privacy Protection: Response To The OPC's Consultation On Privacy And Consent

The Office of the Privacy Commissioner (OPC) has recently published a discussion paper entitled "Consent and privacy" exploring potential enhancements to consent under PIPEDA.The OPC also launched a Consultation and Call for Submissions requesting input on its consent paper,asking whether legislative changes are required, and requesting comments on solutions which would be helpful in addressing consent challenges.

Éloïse Gratton, Leader of BLG's Privacy and Data Security Group, has submitted to the OPC her position paper entitled"Beyond Consent-based Privacy Protection" which addresses some of the issues raised by the OPC and addresses the viability of the consent model.

The paper discusses how, at the time that the FIPPs (Fair Information Privacy Practices) were initially drafted in the early 1970s, their main purpose was to address specific concerns pertaining to computerized databases. The best way to deal with these data protection issues was deemed to be