PIPEDA Findings #2025-005: Investigation into a swimming pool’s compliance with consent requirements under the Personal Information Protection and Electronic Documents Act
An individual complained that a private swimming pool required parents to consent to the use of their children's photos and videos for promotional purposes as a condition of service for swimming lessons. The complainant argued this violated PIPEDA's consent requirements, specifically Principle 4.3.3, which prohibits requiring consent for information beyond what is necessary for the service. The swimming pool contended that the photo policy was a reasonable business need for promotion and staff training, and that tracking individual consent would be burdensome. The OPC found that images of children in swim attire are sensitive personal information and that requiring consent for promotional photos and staff training videos was not strictly necessary for providing swimming lessons. The OPC concluded that this practice contravened PIPEDA Principles 4.3.3 and 4.3.6. The complaint was found to be well-founded and resolved after the swimming pool agreed to implement an opt-in photo policy.
- 1Whether requiring consent for promotional photos and videos of children as a condition of service for swimming lessons contravenes Principle 4.3.3 of PIPEDA
- 2Whether images of children in swim attire constitute sensitive personal information
- 3Whether the collection, use, or disclosure of images for promotional or staff training purposes is strictly necessary for the provision of swimming lessons
- 4Whether the organization offered individuals a choice regarding the collection, use, or disclosure of images for promotional or staff training purposes
- 5Whether the organization should have sought express consent for the collection, use, or disclosure of images of children
- Consent for promotional photos: Violation of PIPEDA Principles 4.3.3 and 4.3.6
- Consent for staff training videos: Violation of PIPEDA Principles 4.3.3 and 4.3.6
- Complaint outcome: Well-founded and resolved
- Remedy: Opt-in photo policy implemented
Complaint well-founded and resolved
The OPC found that the swimming pool's requirement for parents to consent to the use of their children's images for promotional and training purposes as a condition of service was not strictly necessary for providing swimming lessons and involved sensitive personal information, thus contravening PIPEDA's consent principles. The matter was resolved as the organization agreed to implement an opt-in photo policy.
The swimming pool was recommended to revise its registration process within four months to allow parents to provide express opt-in consent for the use of their child's images for promotional or staff training purposes or for posting on public platforms.
- Principle 4.3.3 PIPEDA
- Principle 4.3.6 PIPEDA
This summary is informational only and not legal advice.
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