ARTICLE
17 January 2019

Reminder: As Of January 1, OPC Has Been Applying Consent Guidelines

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Stand ready to demonstrate compliance.
Canada Privacy

In May 2018, the Office of the Privacy Commissioner of Canada (the "OPC"), in connection with the Offices of the Privacy Commissioner of Alberta and British Columbia released the Guidelines for obtaining meaningful consent (the "Consent Guidelines"). The OPC began applying these Consent Guidelines on January 1, 2019. You can read our full article here but, in brief, the Consent Guidelines set out seven guiding principles:

  1. Emphasize key elements. In particular: (i) what personal information is being collected; (ii) with which parties personal information is being shared; (iii) for what purposes personal information is collected, used or disclosed, and (iv) the risk of harm and other potential consequences.
  2. Allow individuals to control the level of detail they get and when.
  3. Provide individuals with clear options to say 'yes' or 'no'.
  4. Be innovative and creative. Consider a variety of communication strategies, like just-in-time notices, interactive tools and customized mobile interfaces to highlight privacy issues.
  5. Consider the consumer's perspective. Use clear explanations and a level of language that is suitable to a diverse audience.
  6. Make consent a dynamic and ongoing process.
  7. Be accountable: Stand ready to demonstrate compliance. 

The Consent Guidelines also contain a checklist to help guide organizations in their compliance efforts. Organizations should pay particular attention to the "must do" list.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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