Canadian privacy & access decisions

An individual complained after receiving promotional material and telemarketing calls following her application for a department store credit card, believing she had not consented to the use of her contact information for marketing. The department store asserted that her signature on the application form indicated agreement to its terms and conditions, which included marketing. The OPC found that the application form adequately explained how personal information would be used and provided an opt-out mechanism below the signature line. The OPC informed the complainant that this type of opt-out was permissible under PIPEDA. The complainant was satisfied with this explanation and requested removal from marketing lists, which the store completed. The complaint was settled during the investigation.

• Whether the department store obtained valid consent for using personal information for marketing purposes
• Whether the opt-out mechanism provided by the department store was compliant with PIPEDA