Consent may be implied in some cases

When you directly collect personal information to provide a service, an individual’s consent may be implied.60 Implied consent is consent that is not given explicitly, but which can be inferred based on the individual’s actions and the facts of a particular situation. You may imply consent for the use of personal information if you collected it directly and to provide a service. For example, if a parent gives you their personal information directly so that you can provide a service, you may imply their consent to use the information for this purpose.

In other cases, consent must be explicit and not merely implied. This includes any consent required for:

  • an indirect collection
  • a collection other than to provide a service
  • a use of personal information, if the information had been collected indirectly, or was collected for a purpose other than providing a service
  • a disclosure

 

60. CYFSA, s. 295(2)