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Quebec: CAI requests public comments on draft guidelines on criteria for valid consent

The Quebec Commission on Access to Information (CAI) released, on May 16, 2023, Guidelines 2023-1 on the criteria for the validity of consent, and is requesting public comments on the same. The CAI confirmed that the draft guidelines are being developed in line with the provisions of An Act to modernize legislative provisions as regards the protection of personal information (formerly known as Bill 64), which enters into force on September 22, 2023.

The draft guidelines are aimed at the following people within an organization:

  • the person with the highest authority;
  • the person responsible for the protection of personal information;
  • the members of the access to information and privacy committee in the public sector;
  • personnel working in privacy protection, service design, IT service design, or IT; and
  • personnel who collect consents related to personal information in the personal information.

The draft guidelines examine consent, including general rules and exemptions associated with the same, and explore deemed consent, as well as consent versus necessity. In addition, the draft guidelines provide guidance on demonstrating consent, such as documenting obtained and valid consent. Specifically on the criteria for valid consent, the guidelines outline eight factors alongside examples for the same. The factors to determine valid consent include:

  • manifest;
  • free;
  • informed;
  • specific;
  • granular;
  • understandable;
  • temporary; and
  • separate.

Public comments can be submitted here until June 25, 2023.

You can read the press release here and the draft guidelines here, both only available in French.