CASL 5 Types of Consent – Part 5 – Personal Relationship

A « personal relationship » requires that the real identity of the individual who alleges a personal relationship is known by the other individual involved in such a relationship (as opposed to instances where a virtual identity or an alias is used). Using social media or sharing the same network does not necessarily reveal a personal relationship between individuals. The mere use of buttons available on social media websites – such as clicking « like », voting for or against a link or post, accepting someone as a « Friend », or clicking « Follow »– will generally be insufficient to constitute a personal relationship.

 

Section 6 of CASL does not apply to a commercial electronic message (CEM) sent to an individual with whom the sender has a personal or family relationship, as defined the Governor-in-Council (GiC) Regulations.

A « personal relationship » involves direct, voluntary, 2-way communication. The GiC Regulations set out a non-exhaustive list of factors that should be used to determine whether the relationship is personal (e.g. the sharing of interests, experiences, opinions and information evidenced in the communications; the frequency of the communication, etc.). It is important to note that the definition of « personal relationship » should remain limited to close relationships. This will help prevent potential spammers from exploiting this concept in order to send CEMs without consent.

Also, a « personal relationship » is one that exists between individuals. Legal entities, such as corporations, cannot have a personal relationship. Someone who sends a CEM on behalf of a corporation may not claim to have a personal relationship with the recipient.