{"id":6107,"date":"2021-07-19T14:35:22","date_gmt":"2021-07-19T18:35:22","guid":{"rendered":"https:\/\/acaweb.ca\/staging\/en\/?page_id=6107"},"modified":"2023-03-06T09:53:25","modified_gmt":"2023-03-06T14:53:25","slug":"privacy","status":"publish","type":"page","link":"https:\/\/acaweb.ca\/staging\/en\/leadership\/strategic-priorities\/privacy\/","title":{"rendered":"Privacy"},"content":{"rendered":"

Browse All Strategic Priorities<\/a><\/p>\n

Consumer data privacy is now a business imperative for all brands, and a critical advocacy point for ACA. Canada has been a leader in consumer privacy legislation since 2000, when the government introduced the Personal Information Protection and Electronic Documents Act<\/em> (PIPEDA). We are one of only 12 countries whose privacy regulations are deemed \u201cadequate\u201d under the EU\u2019s General Data Protection Regulation<\/em> (GDPR).<\/p>\n

The Current Landscape<\/h2>\n

In recent years high-profile data breaches have caused consumers to become more aware of the data they share with companies. This, in concert with the General Data Protection Regulation (GDPR) and the California Privacy Act (CCPA), has fueled Canada\u2019s federal and provincial regulators to revisit their existing privacy legislation and regulations or consider enacting new ones, raising the stakes for all brands. Indeed, we are seeing privacy reform globally \u2014 a \u201csecond-generation\u201d of privacy reform \u2014 in which digital consumer privacy is of keen focus.<\/p>\n

While ACA staunchly believes in the privacy of the consumer and the opportunity for modernization of current privacy policies, care must be taken to ensure the measures do not stymie business. Privacy legislation should be adaptable and consistent to avoid a complicated patchwork of solutions, and should support innovation.<\/p>\n

Additionally, the marketing industry is faced with the end of third-party cookies and the ability to target consumers using unique identifiers, all under the aegis of privacy. Apple\u2019s user privacy regulations for iOS 14 and Google\u2019s ending of third-party cookies in Chrome have and will continue to significantly impact how advertisers target.<\/p>\n

The ACA believes that every brand must have a robust data protection and privacy practice, as it has become a central part of consumer brand trust.<\/p>\n

Related Resources<\/h3>\n

(November 18, 2021) – The State of Identity in Online Advertising: A Focus on Canada<\/a> (video recording of event)
\n(April 27, 2020) \u2013 The consumer-data opportunity and the privacy imperative<\/a> (McKinsey & Co.)<\/p>\n

At Issue<\/h2>\n

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Apple Does Away With IDFA<\/strong><\/h3>\n

In April 2021 Apple implemented sweeping changes<\/a> to iOS 14, including a feature dubbed App Tracking Transparency (ATT), which prompts users to opt into app tracking on an app-by-app basis. As predicted, opt-in rates have been extremely low, preventing apps from collecting data from a large portion of their users, and stymying advertisers\u2019 ability to target advertising based on user demographics.<\/p>\n

Apple\u2019s iOS 15 update continued the trend toward increased privacy for their consumers. The changes included features that mask email and internet addresses of Apple customers, making them less effective as a unique identifier for online tracking.<\/p>\n

ACA Action<\/h3>\n

Following the release of the iOS 14 news, ACA drafted a letter to Apple together with the Canadian Media Directors Council (CMDC). The letter outlined concerns about the impact of the changes on the entire media ecosystem. The letter further appealed to Apple to listen to the concerns of all industry stakeholders to develop a solution that would protect consumer privacy while preserving a robust ad-supported digital marketplace.<\/p>\n

The ACA has a keen eye on how Apple\u2019s continued changes are affecting members\u2019 targeting and personalization efforts within mobile advertising and email on Apple devices. Our staff<\/a> are on hand to support members in their efforts to adapt to these changes.<\/p>\n

\"membersThis icon means you must be an ACA member to view this content.<\/em><\/p>\n

Related Resources<\/h3>\n
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(April 1, 2021) – What Apple\u2019s iOS Identifier Change Really Means for Marketers<\/a> \u2013 ACA blog
\n(March 11, 2021) \u2013 Video recording of The New Era of Targeted Mobile Advertising event<\/a> in partnership with CMDC & DAAC
\n(January 22, 2021) – Letter to Apple Canada<\/a> \"members<\/p>\n<\/div>\n

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Google Kills Third-Party Cookie<\/strong><\/h3>\n

In January 2020 Google announced on its blog<\/a> that it would do away with third-party cookies with the aim of providing more privacy for consumers and to build back consumer trust.<\/p>\n

In July 2021, Google announced that it would delay their plan to remove support for third-party cookies to the third quarter of 2023, stating: \u201c\u2026it\u2019s become clear that more time is needed across the ecosystem to get this right.\u201d Google shared a timeline for implementation<\/a> on their blog.<\/p>\n

Google proposed the Federated Learning of Cohorts (FLoC) in 2021, but due to privacy concerns went back to the drawing board. In early 2022 it debuted a new solution, Topics, which takes a topic-based approach to targeting web users, with up to 5 topics per user at one time. More information about Topics can be found on Google\u2019s blog<\/a>.<\/p>\n

In February 2022, Google also made another significant announcement, stating that they would be taking their Privacy Sandbox to the Android mobile operating system, similar to Apple\u2019s IDFA. Google says it will continue to support its existing ad platforms for at least two years while trying to provide ample prep time for changes.<\/p>\n

ACA Action<\/h3>\n

Google has promised to work with parties that could be impacted by the privacy changes to its Android OS. ACA will maintain a close watch on developments, with a view to voicing any concerns on behalf of its members to Google.<\/p>\n

ACA is also monitoring the testing Google is doing on Topics and will explore other proposed alternative solutions.<\/p>\n

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Bill C-11<\/a><\/strong> (Federal)<\/h3>\n

In November 2020, the federal government announced its intention to update our federal data privacy law, the Personal Information Protection and Electronic Documents Act<\/em> (PIPEDA), which has been in effect since 2001. Bill C-11, the Digital Charter Implementation Act<\/em>, 2020, was an attempt to modernize Canada\u2019s existing private sector privacy law.<\/p>\n

The aim of this new modernized framework was \u2013 according to the government \u2013 to increase control and transparency when Canadians\u2019 personal information is handled by companies, and would have included the strongest fines among G7 privacy laws.
\nWith the call of the Federal election, Bill C-11 died on the order paper. However, Innovation, Science and Economic Development Canada (ISED) will bring forth a new bill which will be informed by Bill C-11.<\/p>\n

ACA Action<\/h3>\n

The contents of a new bill will need to be considered by each organization carefully once it is brought forth. The ACA encourages its members to engage early on with in-house counsel, external counsel, compliance teams and\/or privacy committees to understand the impact of proposed privacy legislation on organizational marketing practices. The ACA will reach out to ISED to advocate on behalf of marketers.<\/p>\n

ACA does not anticipate a new bill to be fully enacted any earlier than 2024.<\/p>\n

Related Resources<\/h3>\n

(January 12, 2021) – What Marketers Need to Know about Bill C-11, An Update to Canada\u2019s Federal Privacy Law<\/a> \u2013 ACA blog<\/p>\n

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Bill 64<\/a><\/strong> (Quebec)<\/h3>\n

In June 2020, the Quebec government tabled Bill 64, An Act to modernize legislative provisions [regarding] the protection of personal information<\/em>, which includes significant proposed amendments to an Act Respecting the Protection of Personal Information in the Private Sector<\/em> (the Quebec Privacy Act<\/em>). A number of the requirements proposed are similar to those within the European Union\u2019s General Data Protection Regulation (GDPR). However, many are more rigorous, and are unique to the province of Quebec.<\/p>\n

The ACA prepared a comprehensive submission* to the government on December 2, 2020, which raised key concerns, including:<\/p>\n