Online Interest-based Advertising (IBA) uses information collected across multiple websites that users visit to predict their preferences and to show them ads that are most likely to be of interest to them.
Marketers are aware of the concerns of some Canadians regarding the effects of IBA on their privacy and fully acknowledge obligations under the federal Personal Information Protection and Electronic Documents Act (PIPEDA), as well as under provincial privacy laws. Marketers also have the right to commercial free speech and have reasonable need to collect, use and disclose personal information, as well as non-identifiable information, in the course of legitimate activities.
Marketers have taken several steps to address consumer concerns. In September 17, 2013, the Digital Advertising Alliance of Canada (DAAC) launched a new self-regulatory program (AdChoices) that gives consumers more information about the advertising they see online and a tool to opt out of receiving this type of advertising. The DAAC was formed by ACA and seven other Canadian association partners.
At Issue Now
In May 2016, the Office of the Privacy Commissioner (OPC) issued a Consent and Privacy discussion paper exploring potential enhancements to consent under the Personal Information Protection and Electronic Documents Act (PIPEDA). OPC then called for interested parties to provide submissions on the viability of the consent model and propose solutions to improve individual control over personal information in the commercial environment.
ACA, along with Canadian Media Directors Council (CMDC), made a submission and took part in a discussion with the OPC on this topic in December 2016. The OPC then released draft guidance documents and once more called for feedback, which ACA and CMDC provided in December 2017.
ACA is pushing for a self-governance model in which industry groups and organizations disclose practices to individuals in a clear, understandable manner.
Read ACA’s December 2017 submission to the Office of the Privacy Commissioner
Read ACA’s August 2016 Submission to the Office of the Privacy Commissioner (OPC)
A brief history of steps ACA has taken to maintain a self-regulatory environment for marketers
2009: ACA endorses the World Federation of Marketers’ Global Principles for Self-Regulation of Interest-based Advertising (IBA).
2010: ACA files a submission to the Office of the Privacy Commissioner (OPC) and presents at public consultations in Toronto and Montreal, making the case for the benefits of IBA for marketers and the digital economy as a whole.
2011: The Privacy Commissioner announces the OPC’s Privacy and Online Behavioural Advertising Guidelines at the ACA’s Marketing and the Law conference in Toronto. The guidelines preserve the right of marketers to continue to use this effective and highly-targeted method of online advertising.
2013: The Digital Advertising Alliance of Canada (DAAC) launches a new self-regulatory program that gives consumers more information and choice about the advertising they see online. The DAAC was formed by the ACA and other Canadian marketing associations.
2016: ACA participates in a discussion with the OPC on enhancing consent under PIPEDA. Marketers are concerned statutory changes will make it more difficult for marketers to reach their audiences and will undermine their ability to combat ad fraud.
2017: ACA provides feedback to the OPC’s draft guidance document on enhancing consent.