Privacy commissioner seeks court order against Pornhub parent company

The Office of the Privacy Commissioner is seeking an order from the Federal Court requiring the Montreal-based company behind Pornhub to ensure it obtains meaningful consent from those who appear in the intimate videos on its platforms, while the company says it is not violating the country’s privacy law. The watchdog announced Monday, March 3 that it had submitted its application with the court, a year after issuing a report detailing its investigation into the privacy practices of Aylo, formerly known as MindGeek. The Office of the Privacy Commissioner (OPC) found that the company is in violation of the Personal Information Protection and Electronic Documents Act (PIPEDA) and made several recommendations for it to comply with the law. According to the OPC, Aylo made changes to its privacy practices and consent verification mechanisms both during and after the commissioner’s investigation. But the watchdog alleges it continues to fall short. Aylo’s practices still “fail to ensure that express, meaningful, and valid consent is obtained directly from all depicted individuals, including for each piece of content in which they are depicted,” the privacy commissioner’s court application states. Additionally, the company’s websites continue to host intimate content that was uploaded before Aylo updated its consent verification mechanisms, the application states. That older content does not meet the new requirements set by the company, the OPC says, despite those new requirements allegedly still failing to align with Canadian privacy law. “Non-consensual posting of intimate images can have devastating consequences for victims,” said privacy commissioner Philippe Dufresne in a press release. “To date, Aylo has not adequately addressed the significant concerns that were identified in my investigation. Privacy is a fundamental right, and individuals must be protected. I am turning to the Federal Court to ensure that Aylo only posts intimate videos with the direct knowledge and consent of everyone appearing in those images,” Dufresne stated. When the OPC issued its report last year, it was aiming to enter into a compliance agreement that would bring Aylo in line with PIPEDA, but it states in its recent application that no agreement has been reached. However, Aylo argues that it was on track to reach such an agreement. “We have been in productive dialogue with the OPC since last year about the potential of a compliance agreement, so we are disappointed and surprised to see them take this action, and we will respond in due course,” said Alex Kekesi, Aylo vice president of brand and community, in a statement to The Wire Report. “We strongly disagree with the assertions that are made in press release and do not believe we are in violation of Canadian privacy law.” Kekesi maintains that Aylo has taken “significant steps forward in identifying, removing, and reporting harmful and illegal content” and has instituted “some of the most comprehensive safeguards in the user-uploaded environment” to do so. “This includes mandatory uploader verification, mandatory proof of consent and identification of all participants in content at upload, banning downloads of content, expanding moderation workforce and processes, partnering with non-profit organizations around the world, and much more.” phalentm@thewirereport.ca

Privacy commissioner seeks court order against Pornhub parent company

Regulatory |
By Phalen Tynes-MacDonald
| March 3, 2025

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Privacy commissioner seeks court order against Pornhub parent company

Regulatory | By Phalen Tynes-MacDonald | March 3, 2025

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By Phalen Tynes-MacDonald
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