Canada
PIPEDA does not have a section specific to minors, although Clause 4.3 of Schedule A to PIPEDA does say "seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated". The OPC has interpreted and enforced PIPEDA in ways that establish privacy protections for minors. For example, the OPC has provided guidance stating that the information of minors will be considered particularly sensitive. It also has a general rule that meaningful consent cannot be obtained from minors under the age of 13. The CPPA enumerates that the personal information of minors is sensitive. Regulatory Authorities 7.1. Overview of relevant statutory authorities The Commissioner is an independent agent of Parliament and heads the OPC. 7.2. Role, functions, and powers of authorities Collecting and Processing the Personal Data of Children or Minors The OPC has the authority to investigate complaints made under PIPEDA and can issue findings,
express complaints,
opinions
regarding
and make recommendations where it believes a violation has occurred. Complaints can be initiated by an individual or by the Commissioner if satisfied that there are reasonable grounds to investigate a matter. Complaints can be declined or discontinued for various reasons, including: the complaint could be more appropriately dealt with by another procedure under Canadian law; the organization has provided a fair and reasonable response to the complaint; or the matter is already the object of an ongoing investigation. The Commissioner has an array of investigative powers but no ability to impose administrative monetary penalties. At the end of an investigation, the Commissioner may make recommendations in a Report of Findings and make that report public. Investigation respondents and complainants both have recourse to the Federal Court of Canada. In some cases, the Court has awarded damages for breaches of PIPEDA. However, these awards have been well below penalties issued in Europe under the General Data Protection Regulation or in the United States under the Federal Trade Commission Act.
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