Planning To Use Customer Emails For Online Marketing? Make Sure You Have Consent

A recent decision from the Office of the Privacy Commissioner of Canada ("OPC") highlights the importance of obtaining meaningful consent when you are collecting and using customer information, particularly when you are sharing that information with third parties.

On January 26, the OPC released its findings following a complaint that a major retailer was sharing customer emails and purchase information without customer consent. The OPC found the retailer failed to obtain valid meaningful consent for its disclosure of customer information.

Customer emails were shared with Facebook

A customer filed a complaint with the OPC after discovering that Meta had his purchase history from the retailer when he was deleting his Facebook account. The retailer confirmed that it had been providing customer emails and purchase information to Facebook (now Meta Platforms Inc.; "Meta") when customers chose to receive electronic receipts since at least 2018.