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Download the Part X guide
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Terms used in this guide
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Introduction
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Does Part X of the CYFSA apply to you?
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Collection, use, and disclosure of personal information
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Consent and capacity
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Safeguarding and managing personal information
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Access to records of personal information
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Correction of records
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Offences and immunity
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The role of the Information and Privacy Commissioner
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Definitions
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FAQs
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
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