Does PIPEDA require an opt-in mechanism, or can I continue to use an opt-out check-off box?
ANSWER #16: First, Ontario hospital foundations and healthcare organizations need to bear in mind that if the provincial government passes Bill 31, they will be covered by this legislation for the majority (if not all) of their information handling activities, and not PIPEDA. [4] As such, fundraisers should carefully study the requirements for opt-in and opt-out consent that are adopted in the final version of Bill 31. If the government enacts Bill 31, the working group will also offer advice to Ontario fundraisers on complying with the legislation. What This Means For You: In the meantime, however, PIPEDA permits the use of opt-out mechanisms, although the opt-out mechanism must be clear and easy for an individual to use. For more information, consult the Privacy Commissioner of Canada’s web site at http://www.privcom.gc.ca .
