Data collection, consent guidelines published by the OPC

The Office of the Privacy Commissioner of Canada (OPC) has unveiled a set of guidelines for getting meaningful consent to collect user data, as well as outlining six inappropriate uses of personal data on Thursday. The privacy watchdog said that the inappropriate data use rules will be applied as of July 1, whereas the guidelines for obtaining consent will be in effect after Jan. 1, 2019. The consent guidelines outline that those who are collecting data must communicate clearly what info is being collected, why it’s being collected, whom it’s being shared with, options to opt out, and the risks of providing the data to those that are collecting it. Companies must also “consider the perspective of your consumers, to ensure consent processes are user-friendly and generally understandable,” the OPC said. They must also limit the amount of information collected to what’s strictly necessary and keep the data-owners abreast of what ways companies are using the data. Collecting the information of children requires the consent from a parent or guardian. Companies collecting peoples’ info should also be prepared to show their compliance with privacy regulations, the OPC said. A second document expanded on Section 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA). In short, the rule states that, under PIPEDA, any data collection must be ‘appropriate.’ To clarify that position, the OPC has released six types of “no-go” uses. Mainly, the data collection and disclosure can’t be against the law or lead to “unfair, unethical or discriminatory treatment contrary to human rights law,” read the document. Collection of information that leads to significant harm of an individual is also inappropriate. Asking for passwords to unlock social media accounts when hiring and screening employees, as well as using software to monitor and spy through the video and audio capture features of electronic devices is also verboten. “Our role as a regulator includes giving guidance that clarifies PIPEDA requirements and sets expectations as to how the law should generally be interpreted and applied. Given that PIPEDA is so broad in nature, individuals and organizations need an adequate level of certainty,” said privacy commissioner Daniel Therrien in a statement in the release. “Once these guidelines are in application, it will be through this lens that our office conducts its work, including investigations into PIPEDA compliance,” an OPC spokesperson told The Wire Report in an email. “The guidance documents set out a combination of legal requirements and best practices that detail our expectations with respect to what compliance entails." The ways that private companies collect information have come into focus with the emergence of smart cities, connected vehicles, and various high-profile data breaches. Facebook Inc. is at the centre of data misuse controversy, and is currently being investigated by the OPC.

Data collection, consent guidelines published by the OPC

Brief | May 24, 2018

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Data collection, consent guidelines published by the OPC

Brief | May 24, 2018

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