- Download the Part X guide
- Terms used in this guide
- Does Part X of the CYFSA apply to you?
- Collection, use, and disclosure of personal information
Consent and capacity
- Elements of consent
- Consent may be implied in some cases
- Consent may be written or verbal
- Presumption of consent’s validity
- Conditional consent and withdrawal of consent
- Capacity to consent
- Substitute decision-makers
- Safeguarding and managing personal information
Access to records of personal information
- Individual’s right of access
- Access exceptions
- Is the record dedicated primarily to the provision of service to the individual?
- How are access requests made?
- Service provider’s response to access requests
- Substitute decision-makers can request access
- Correction of records
- Offences and immunity
- The role of the Information and Privacy Commissioner
Disclosure with consent
You must have an individual’s consent to collect, use or disclose personal
You may disclose personal information with the explicit consent of the individual to whom the information relates as long as the disclosure is for a lawful purpose. While implied consent is acceptable for collection and use of information in some cases, consent for disclosure must be explicit. This explicit consent may be written or verbal, but verbal consent is only valid if you make a written record of it.
A service provider has directly collected an individual’s personal information to register them for a literacy program at their request.
When intake staff share this information with their colleague who leads the literacy program, this is a “use” of information. The service provider can rely on the implied consent of the individual to use their information to deliver the literacy program.
Later, the literacy program leader concludes that the individual needs parenting support. She wants to share their information with another organization that provides parenting classes. This is a “disclosure” of the information, requiring explicit consent from the individual.