PIPEDA Findings #2025-005: Investigation into a swimming pool’s compliance with consent requirements under the Personal Information Protection and Electronic Documents Act
This investigation concerned a privately owned swimming pool's policy requiring parents to consent to the use of photos and videos of their children for promotional purposes as a condition of enrolling them in swimming lessons. The OPC found that this requirement contravened PIPEDA principles regarding consent for the collection, use, and disclosure of personal information. The swimming pool has agreed to implement an opt-in photo policy, resolving the complaint.
- Whether requiring consent for promotional photos/videos as a condition of service violates PIPEDA.
- Whether photos/videos of children in swim attire are sensitive personal information.
- Whether the swimming pool's stated business needs justified the mandatory consent policy.
- Whether consent was sought appropriately for staff training purposes.
Complaint well-founded and resolved.
The OPC found that requiring consent for promotional photos and videos of children as a condition of service was not strictly necessary for providing swimming lessons and constituted a contravention of PIPEDA's consent requirements. The organization's agreement to implement an opt-in policy resolved the issue.
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The swimming pool agreed to revise its registration process 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
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