Home Depot is my go to for anything I need to fix stuff around my condo. But perhaps I should rethink that as the Canadian Privacy Commissioner has determined that Home Depot handed over customer data to Meta (aka Facebook) without consent from customers:
It is an issue highlighted in a recent investigation by the Office of the Privacy Commissioner of Canada (OPC) into Home Depot of Canada Inc. (Home Depot). By participating in Meta Platforms Inc.’s Offline Conversions program, Home Depot was found to be sharing details from e-receipts – including encoded email addresses and in-store purchase information – with Meta, which operates the Facebook social media platform, without the knowledge or consent of customers.
And:
The investigation found that Home Depot had been collecting customer email addresses at store checkouts for the stated purpose of providing customers with an electronic copy of their receipt since at least 2018. However, the investigation revealed that during this period, the encoded email addresses, along with high-level details about each customer’s in-store purchases, were also sent to Meta.
Information sent to Meta was used to verify if a customer had a Facebook account. If they did, Meta compared the person’s in-store purchases to Home Depot’s advertisements sent over the platform to measure and report on the effectiveness of those ads. Meta’s Offline Conversions contractual terms also allowed it to use the customer information for its own business purposes, including user profiling and targeted advertising, unrelated to Home Depot.
Each email address Home Depot shared with Meta was encoded so that it could not be read by individuals at Facebook. Meta employed an automated process that allowed it to match email addresses attached to Facebook accounts. Email addresses not already associated with a Facebook account could not be linked to individuals.
While the details of a person’s in-store purchases may not have been sensitive in the context of Home Depot, they could be highly sensitive in other retail contexts, where they reveal, for example, information about an individual’s health or sexuality.
During the investigation, Home Depot said that it relied on implied consent and that its privacy statement, accessible through its website and in print upon request at retail locations, adequately explained that the company uses “de-identified information for internal business purposes, such as marketing, customer service, and business analytics” and that it “may share information for business purposes,” including “with third parties.” Home Depot also relied on Facebook’s privacy statement, which explained the Offline Conversions program.
The OPC, however, rejected Home Depot’s argument as the privacy statements Home Depot relied on for consent were not readily available to customers at the check-out counter, and consumers would have no reason to seek them out. Moreover, the OPC found that Home Depot’s privacy statement did not clearly explain the practice in question.
Now I have always been suspect of getting e-receipts from companies which is why I always prefer printed copies. This revelation makes me want to double down on never getting an e-receipt. Now I tried to find a comment from Home Depot or Meta but I couldn’t find one. Which in itself says something. But in the meantime, here’s what the Privacy Commissioner says that Home Depot has to do:
As a result of the investigation, the OPC recommended that Home Depot:
- cease disclosing the personal information of customers requesting an e-receipt to Meta until it is able to implement measures to ensure valid consent;
- implement measures to obtain express, opt-in consent from customers prior to sharing the information with Meta, should it resume the practice; and
- ensure meaningful consent by providing customers requesting an e-receipt with key information regarding its sharing of information with Meta at the point of sale, and by strengthening its privacy statement to include a detailed explanation of its practices and how customers can withdraw consent.
It will be interesting to see if Home Depot complies with this. Because now that this is out there, Home Depot is going have to deal with customers who do not trust them. And that’s not a good place to be in.
The TELUS Data Trust Survey Reveals Some Interesting Facts On How Canadians View Data Privacy
Posted in Commentary with tags Telus on January 26, 2023 by itnerdIt’s Data Privacy Week – an issue that is top of mind as federal government is about to discuss.
Bill C-27, proposed to strengthen Canada’s private sector law while ensuring the privacy of Canadians will be protected and that innovative businesses can benefit from clear rules as technology continues to evolve.
In a recent poll, commissioned by TELUS, only 30 per cent of Canadians trust organizations to protect their personal information, and more than half of Canadians feel confident data and technology can be used to positively impact healthcare, education, safety and security. Here’s some other key points from the TELUS Data Trust Survey:
About the survey:
Methodology:
Canadians care about their data privacy.
Half have experienced a breach, impacting their trust.
Canadians believe in the power of technology for good.
Trust matters to Canadians when choosing companies to engage with.
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