As artificial intelligence and big data analytics become more powerful, the traditional notion of individual consent as a safeguard for privacy is being stretched to its limits, especially for members of marginalized communities.
A groundbreaking new research project co-led by the Common Law Section’s Professor Jane Bailey and Dr. Jacquelyn Burkell (Western) aims to address this pressing issue and reshape how Canadian privacy policies are built. Bailey & Burkell were awarded a Social Sciences and Humanities Research Council (SSHRC) Insight Grant for a four-year project, “Rethinking Consent in Light of Scientific and Technological Developments.” The project brings together a dynamic, interdisciplinary team, including the Common Law Section’s own Professor Chidi Oguamanam as co-applicant, and collaborators Danica Pawlick-Potts (York), and Tamir Israel and Nat Paul (CCLA). Together, the team will explore innovative approaches to privacy and equality rights in an era when traditional consent mechanisms are increasingly proving inadequate.
At the heart of the project lies a critical challenge: the prevailing system of Individual Informed Consent (IIC) – through which people can “agree” on how their personal information is collected and used – in increasingly inadequate to keep pace with technological change. Data collection is no longer a simple transaction. It now involves interconnected personal information (PI) that can be used to make inferences not only about individuals but also about their communities, social groups, and algorithmically created categories. This reality creates heightened risks for marginalized populations, who already face disproportionate levels of surveillance and discrimination.
Professors Bailey and Burkell and their team are determined to move beyond individualistic understandings of privacy that have long dominated policy debates. Consent mechanisms today are often little more than a checkbox, failing to reflect the complex social dynamics and power imbalances that come with modern data practices. The team’s goal is to centre the lived experiences of people most affected by data harms and help design more just, publicly accountable policies.
The project is structured around three key objectives. First, it will develop an accessible, integrative review of alternative approaches to privacy and consent by synthesizing diverse academic literature across legal, technological, and social domains. Second, it will gather first-hand insights through interviews with Canadians from a range of backgrounds, particularly those from communities that are most vulnerable to privacy and equality harms. Third, the team will organize and facilitate a deliberative dialogue, bringing together members of the public and policymakers to co-create policy recommendations that better reflect collective rights and shared societal interests.
This collaborative and community-driven approach recognizes that privacy risks are not evenly distributed, and that meaningful policy reform must be informed by those with the most at stake. The project will also provide cutting-edge training opportunities for law and social science students, offering hands-on experience in legal research, community engagement, and knowledge mobilization. As part of its knowledge-sharing strategy, researchers will work closely with collaborators from the Canadian Civil Liberties Association (CCLA) to produce public education materials in plain language, and will engage policymakers directly through submissions and dialogue.
The Faculty of Law congratulates Professors Bailey and Burkell and their entire research team on this exceptional achievement!