Privacy Commissioner Requires Revamp Of Privacy Policies

"I consent (subject to what the Privacy Commissioner deems meaningful)": A blueprint for the private sector on meaningful consent for 2019.

"Informational privacy is often equated with secrecy or confidentiality ... Privacy also includes the related but wider notion of control over, access to and use of information" – R. v. Spencer, 2014 SCC at paras. 39 and 40.

With the coming into force of the Guidelines on Meaningful Consent the "Guidelines" on January 1, 2019, private sector companies operating within Canada may need to fundamentally alter their practices and redraft their policies to be compliant with law.

According to the Guidelines issued by the Office of the Privacy Commissioner of Canada the "OPC", obtaining meaningful consent will require greater transparency about how data is collected, used and disclosed. The OPC also has emphasized that "express consent" is the default, and that implied consent will only be appropriate in limited circumstances.