PIPEDA – How to Obtain "Meaningful" Consent, and When Consent is Not Enough

Co-authored by Sarah Strban (Student at Law)

On May 24, 2018, the Office of the Privacy Commissioner of Canada (the "OPC") released its finalized consent guidelines, as well as guidance on certain "no-go zones" under the Personal Information Protection and Electronic Documents Act ("PIPEDA").

PIPEDA provides that the "knowledge and consent" of an individual are required for the collection, use, or disclosure (collectively "Processing") of his/her personal information,[1] and also that "consent is only valid if it is reasonable to expect that an individual to whom the organization's activities are directed would understand the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting."[2] The "Guidelines for obtaining meaningful consent", which the OPC issued jointly with the Office of the Information and Privacy Commissioner of  Alberta and the Office of the Information and Privacy Commissioner