The Standing Committee on Industry, Science and Technology continues its hearing on the Digital Privacy Act (Bill S-4) yesterday, with appearances from Privacy Commissioner of Canada Daniel Therrien, the Canadian Chamber of Commerce, and the Canadian Marketing Association. Therrien expressed general support for the bill, but concern with the expanded voluntary disclosure provision.
The Canadian Chamber of Commerce and the Canadian Marketing Association seemed to take the committee by surprise by criticizing a provision in the bill that clarifies what constitutes meaningful consent. The proposed provision states:
6.1 For the purposes of clause 4.3 of Schedule 1, the consent of an individual is only valid if it is reasonable to expect that an individual to whom the organization’s activities are directed would understand the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting.
That provision should be uncontroversial given that it only describes what most would take to mean consent, namely that the person to whom the activities are directed would understand the consequences of consent. Indeed, Therrien expressed support for the change, noting: