BLG’s Submission on the Commission d’accès à l’information Consent Guidelines

Given its recognized expertise in the industry, BLG’s Privacy and Data Protection Group was invited by the Commission d'accès à l'information (CAI) to submit a brief as part of the consultations on its draft Guidelines on the Criteria for Valid Consent. In overview, our team shared its concerns that certain interpretations and examples found within the Guidelines may lead to confusion rather than clarity for organizations, potentially exacerbating the issue of consent fatigue rightly decried by the CAI. Therefore, BLG’s suggestions aim to ensure that the Guidelines provide clear and pragmatic guidance that is consistent with the applicable legal framework.

The CAI intends to publish the final text of its guidelines in October 2023.