Further to my posting in October about the variation we see in the use of the 'adverbs of consent', here's some more discombobulation (love that word!)
The Privacy Commissioner in Canada has recently issued guidelines for online behavioural advertising in which there is reference to the Canadian Law PIPEDA
"PIPEDA does recognize that the form of consent can vary: for example, express consent (opt-in) when dealing with sensitive information, and implied consent (opt-out) when the information is less sensitive"
I think that whilst this is superficially confusing, it gets very close to the heart of understanding consent and the interaction between the basic principle of 'Fair obtaining' and any subsequent explicit consent to process data for a particular purpose.
This guidance also makes interesting reading in light of how we might interpret the 5(3) requirements for Cookie consent in the UK. Note that the Canadian Privacy Commissioner has taken a much 'softer' approach than that advocated by the Article 29 Working Party.
More blog posting on this Guidance to follow!