Internet cookies store what you search on websites. It’s not uncommon to pull up a website and be greeted with a pop-up explaining that information will or may be collected.
“Most websites I go to allow you to decline or opt out of cookie collection,” said Natasha, who reached out to Speakers Corner.
She asked us only to use her first name. That’s how seriously she takes her privacy.
“Whenever I go onto a website, the first thing I do is disable the not-necessary cookies.”
But one website she visits frequently doesn’t give her that option, much to her dismay.
“I am a consumer both of Loblaws, and especially Shoppers Drug Mart and I’m a PC Optimum member but when I use their site, it doesn’t allow me to opt out of cookies,” she told us. “I don’t think this is right as it should be my choice whether I want them to collect information or not.”
Loblaws website does have a notice that pops up once you log on, stating cookies are collected but there is no decline or opt out, instead users are provided a link to a lengthy company privacy policy.
“When you go the privacy policy, there’s 20 pages of legal jargon but you can’t opt out, like I thought it would be in there, but they don’t give you the option.”
In response, Loblaws says their cookie practices comply with Canadian privacy laws. A spokesperson also told us: “Customers can delete or disable cookies at any time through their browser.”
Which Natasha says she has done.
“If you go to your phone or your computer and you go disable all your cookies, you can’t access any site. So that’s not fair.”
Loblaws is far from being alone in its decision to not offer a decline cookies option, several other websites follow the same protocol and as it stands now. In Canada, with the exception of Quebec, there’s no legal requirement forcing companies to give consumers that option.
“There’s still a requirement to get consent, but the way they get consent is through implied consent,” said Toronto internet privacy lawyer, Mannit Zemel. “And it’s implied that when you go to the website, you’re consenting to whatever is being done when you’re using the website.”
Zemel says the collection of internet cookies helps businesses in a variety of ways, especially with marketing products.
“Cookies are a very basic tracking of how an IP address used the website,” she said. “The more data you have the more it helps the websites understand what products are attracting users. So they can focus on this information.”
But consumers like Natasha feel they should be allowed the choice to opt out.
Zemel agrees.
“The bottom line is, it’s still overall data collection. Privacy is still a big issue online and just like any other form of data collection, the fact is that information is still being taken and used.”
The right to opt out from the collection of internet cookies has been a heavily debated issue in Canada for years. Currently Canadian businesses must adhere to The Personal Information Protection and Electronics Act (PIPEDA) which was enacted in April of 2000.
“It’s very outdated and has not kept up with the times,” Zemel said. “A lot has changed since the year 2000 and nowhere in this Act does it require companies to give you the option to decline cookies.”
Currently Quebec is the only province to adopt its own law to strengthen PIPEDA.
“That province passed privacy legislation very recently that’s more in line with where the world is going. You have more privacy protections.”
An attempt to strengthen PIPEDA on a federal level has been sitting on the table since 2022 when Bill C-27 was proposed.
It’s known as The Digital Charter Implementation Act, which would require organizations to prepare for stricter regulations and increased enforcements.
“But everything seems to be on hold,” Zemel said. “Many of us hope after the election, they’ll follow up with what has been put forward.”
Natasha agrees.
“It’s not that hard, give the consumer their privacy, their choice to click off what cookies they don’t want.”
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