Privacy Commissioner Draft Report on Online Tracking, Profiling and Targeting and Cloud Computing

The Office of the Privacy Commissioner of Canada has released its draft report from its Consultations on Online Tracking, Profiling and Targeting and Cloud Computing:

"In the spring of 2010, the Office of the Privacy Commissioner of Canada (OPC) held consultations on online tracking, profiling and targeting; and cloud computing. The OPC received in total 32 written submissions and held three public events in Toronto, Montreal and Calgary, attended by representatives of other privacy commissioner offices and industry, as well as academics, advocates, and members of the public"

"With respect to online tracking, profiling and targeting, the written submissions focused primarily on behavioural advertising — what it is, what the benefits and risks are, and what self-regulatory measures are in place. Many respondents and participants raised various privacy issues in relation to online tracking, profiling and targeting. In terms of general privacy concerns, the blurring of the public/private divide and its effects on reputation was seen as a significant issue. Children's activities online and the need to incorporate privacy into digital citizenship programs were also concerns that were raised"

"The consultations were also an opportunity to examine the practice of online tracking, profiling and targeting through the lens of the Personal Information Protection and Electronic Documents Act (PIPEDA). While most industry participants were of the view that PIPEDA can handle the evolving technological environment, certain challenges with respect to applying the law were raised by many respondents and participants. Defining what is (or is not) personal information, determining the appropriate form of consent, limiting the use of personal information, implementing reasonable safeguards, providing access and correction, and ensuring accountability were cited as PIPEDA-related issues that need careful attention. Online tracking, profiling and targeting are still largely invisible to most individuals, and most respondents and participants agreed that greater transparency is needed for the benefit of individuals and to ensure innovation."

"The OPC is seeking specific feedback from stakeholders on the public/private divide, children online, meaningful consent, and other uses of tracking, profiling and targeting. The OPC is also proposing to undertake specific activities in relation to online tracking, profiling and targeting, specifically, in terms of research and outreach activities"

"With respect to cloud computing, the OPC learned about the different characteristics and models of cloud computing. We heard about its benefits and risks to enterprises and consumers. Again, most respondents and participants were of the view that PIPEDA can address issues that arise from cloud computing while others suggested that more should be done. Most of the PIPEDA-related issues concerned jurisdiction and availability of personal information to third-parties; safeguards; new uses for the personal information and retention; and access"

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"The deadline for feedback is November 26, 2010."