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Guidelines 2023-1 on consent validity criteria

Option consommateurs supports the broad guidelines proposed by the Commission d'accès à l'information for interpreting the criteria for valid consent in the new version of the Act respecting the protection of personal information in the private sector. However, we feel that the proposed guidelines should be more specific in certain respects. With this in mind, we offer the following observations in this document:
  • CAI should recommend that companies obtain consent for any collection, use or disclosure of personal information, whenever possible.
  • The CAI's approach that express consent should be preferred by default is justified.
  • The conditions under which so-called "presumed" consent is valid must be strictly delimited; such consent should suffice only when implied consent is acceptable.
  • To give full effect to consent, we invite the CAI to give its opinion, among other things, on the application of the law in the context of digital business models and on the possibility for consumers to express their refusal via mechanisms that are enforceable against all companies.