Canadian privacy & access decisions

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.

• Whether the delivery of targeted advertisements based on online searches for medical devices constitutes online behavioural advertising (OBA)
• Whether information related to online searches for medical devices is sensitive personal information
• Whether express consent is required for the collection and use of sensitive personal health information for OBA purposes
• Whether Google obtained appropriate consent under Principle 4.3 and 4.3.6 for the use of sensitive health information for targeted advertising
• Whether Google's privacy policy accurately reflected its practices regarding sensitive categories in tailored ads
• Whether Google's monitoring tools for preventing policy abuses were scalable and effective