>> Article 4: Consent

4.1 Consent - O.S.S.C. shall obtain consent from individuals at the time of collection prior to the use or disclosure of this information. If consent of the collection, use or disclosure was not obtained upon receipt of the information, consent shall be obtained prior to the use or disclosure of the personal information.

4.2 Lawful Means - Consent shall not be obtained by deception.

4.3 Requirement - O.S.S.C. shall not, as a condition of a product or service, require an individual to consent to the collection, use or disclosure of information beyond that required to fulfill the specified purpose.

4.4 Form of Consent - Consent may be written, oral or implied. In determining the form of consent to use, O.S.S.C. shall take into account the sensitivity of the information, as well as the individual's reasonable expectations. Individuals may consent to the collection and specified use of personal information in the following ways:

a) By signing an application form;
b) By checking a check off box;
c) By providing written consent either physically or electronically;
d) By consenting orally in person; or
e) By consenting orally over the phone. (Consent must be noted for future reference.)

4.5 Withdrawal - An individual may withdraw consent to the collection, use or disclosure of personal information at any time, subject to legal or contractual restrictions, provided the individual gives sufficient notice. O.S.S.C. shall inform the individual of the implications of such withdrawal.

4.6 Legal Guardians - Consent shall not be obtained from individuals who are minors, seriously ill, or mentally incapacitated and therefore will be obtained from a parent, legal guardian or person having power of attorney.

4.7 Exception For Collection - O.S.S.C. is not required to obtain consent for the collection, of personal if:

a) it is clearly in the individual's interests and consent is not available in a timely way;
b) knowledge and consent would compromise the availability or accuracy of the information and collection is required to investigate a breach of an agreement or contravention of a federal or provincial law;
c) the information is for journalistic, artistic or literary purposes;

d) the information is publicly available as specified in the Acts.

4.8 Exception for Use - O.S.S.C. may use personal information without the individual's knowledge or consent only:

a) if O.S.S.C. has reasonable grounds to believe the information could be useful when investigating a federal, provincial or foreign law and the information is used for that investigation;

b) for an emergency that threatens an individual's life, health or security;

c) for statistical or scholarly study or research (O.S.S.C. must notify the Privacy Commissioner before using the information);

d) if it is publicly available as specified in the Acts;

e) if the use is clearly in the individual's interest and consent is not available in a timely way; or

f) if knowledge and consent would compromise the availability or accuracy of the information and collection was required to investigate a breach of an agreement or contravention of a federal or provincial law.

4.9 Exceptions for Disclosure - O.S.S.C. may disclose personal information without the individual's knowledge or consent only:

a) to a lawyer representing O.S.S.C.;

b) to collect a debt the individual owes to O.S.S.C.;

c) to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;

d) to a government institution that has requested the information, identified its lawful authority, and indicated that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or that suspects that the information relates to national security or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;

e) to an investigative body named in the Acts or government institution on O.S.S.C.'s initiative when O.S.S.C. believes the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security or the conduct of international affairs;

f) to an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law;

g) in an emergency threatening an individual's life, health, or security (O.S.S.C. must inform the individual of the disclosure);

h) for statistical, scholarly study or research (O.S.S.C. must notify the Privacy Commissioner before disclosing the information);

i) to an archival institution;

j) 20 years after the individual's death or 100 years after the record was created;

k) if it is publicly available as specified in the regulations; or

l) if otherwise required by law.