Commissioner’s Findings - PIPEDA Report of Findings #2014-001: Use of sensitive health information for targeting of Google ads raises privacy concerns
A complainant alleged that Google's AdSense service displayed targeted advertisements for sleep apnea devices on unrelated websites after he searched for medical devices online. He viewed his online activities related to sleep apnea as sensitive information requiring express consent for targeted advertising. The OPC's technical analysis confirmed that Google was delivering these ads through online behavioural advertising (OBA) and that they persisted over time. Google initially attributed this to a technical issue but later confirmed it was due to 'remarketed ads,' a form of interest-based advertising. The OPC found that Google's practice of delivering tailored ads based on sensitive health information without express consent contravened PIPEDA Principles 4.3 and 4.3.6. Google committed to several remedial measures, including rejecting relevant remarketing campaigns, revising its policies, developing new internal training, and increasing monitoring.
- 1Whether the delivery of targeted advertisements based on online searches for medical devices constitutes online behavioural advertising (OBA)
- 2Whether information related to online searches for medical devices is sensitive personal information
- 3Whether express consent is required for the collection and use of sensitive personal health information for OBA purposes
- 4Whether Google obtained appropriate consent under Principle 4.3 and 4.3.6 for the use of sensitive health information for targeted advertising
- 5Whether Google's privacy policy accurately reflected its practices regarding sensitive categories in tailored ads
- 6Whether Google's monitoring tools for preventing policy abuses were scalable and effective
- Targeted advertising: Found in contravention of PIPEDA Principles 4.3 and 4.3.6
- Express consent for sensitive information: Found lacking for health information
- Remedial measures: Google committed to corrective actions
Complaint well-founded and conditionally resolved
The OPC found that Google used sensitive health information for online behavioural advertising without obtaining the required express consent, contravening PIPEDA Principles 4.3 and 4.3.6. The complaint was conditionally resolved as Google committed to implementing several remedial measures to address the issues.
Google committed to rejecting active remarketing campaigns involving CPAP devices, revising its public interest-based advertising policies to include medical devices, developing new training for internal teams, increasing monitoring of existing remarketing campaigns, and reviewing and upgrading its automated review systems.
- Principle 4.3 PIPEDA
- Principle 4.3.6 PIPEDA
This summary is informational only and not legal advice.
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