Digital Privacy Act – New Requirement For Valid Consent To Use Personal Information

On June 18, 2015, the Canadian government enacted the Digital Privacy Act, which makes a number of important changes to the Personal Information Protection and Electronic Documents Act. One of the most significant changes is a new, additional requirement for "valid consent" to the collection, use and disclosure of personal information. To comply with that new requirement, organizations should critically assess and adjust their privacy explanations (e.g. privacy policies, notifications and reminders) to adequately and accurately explain, in ways that members of the organization's target market can reasonably be expected to understand, the nature, purpose and consequences of the organization's collection, use and disclosure of personal information.