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ARTICLE · 23 DECEMBER 2011

Federal Privacy Commissioner Issues Guidance To Online Advertisers

Borden Ladner Gervais LLP
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The Office of the Privacy Commissioner of Canada recently released new online advertising Guidelines to help organizations ensure that their online behavioural advertising practices are fair, transparent and in compliance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

CanadaMedia, Telecoms, IT, Entertainment
Eva Chan
Eva Chan
Barbara McIsaac, K.C.
Barbara McIsaac, K.C.
Alexandra Nicol
Alexandra Nicol
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The Office of the Privacy Commissioner of Canada recently released new online advertising Guidelines to help organizations ensure that their online behavioural advertising practices are fair, transparent and in compliance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). [available here].

The guidelines follow on the Report on the 2010 Office of the Privacy Commissioner of Canada's Consultations on Online Tracking, Profiling and Targeting, and Cloud Computing. [available here].

Among other things, the Guidelines remind organizations that the purpose for which an individual's information is to be collected, used or disclosed must be explained in a clear and transparent manner. The Guidelines also acknowledge the challenges that exist with obtaining consent online; however, opt-out consent for online behavioural advertising could be considered reasonable where certain factors are met (see below for the factors). In addition, if an

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