- Part X of the Child, Youth and Family Services Act: A Guide to Access and Privacy for Service Providers
- Download the Part X guide and other resources
- Terms used in this guide
- Introduction
- Does Part X of the CYFSA apply to you?
- Collection, use, and disclosure of personal information
- Consent and capacity
- Safeguarding and managing personal information
- Access to records of personal information
- Correction of records
- Offences and immunity
- Definitions
- FAQs
- Back to Guidance for organizations
Consent may be implied in some cases
When you directly collect personal information to provide a service, an individual’s consent may be implied.60 Implied consent is consent that is not given explicitly, but which can be inferred based on the individual’s actions and the facts of a particular situation. You may imply consent for the use of personal information if you collected it directly and to provide a service. For example, if a parent gives you their personal information directly so that you can provide a service, you may imply their consent to use the information for this purpose.
In other cases, consent must be explicit and not merely implied. This includes any consent required for:
- an indirect collection
- a collection other than to provide a service
- a use of personal information, if the information had been collected indirectly, or was collected for a purpose other than providing a service
- a disclosure