The federal privacy commissioner's investigation into the Tim Hortons mobile app found that the app collected granular location data for the purpose of ...
The court can't kind of delegate over to say, 'Well, here's what the privacy commissioner found, and therefore we're going to believe this,'" he said. "Some of the things they could learn about their customers I think is legitimately interesting," she said. A whole lot has happened in the digital economy in two years. The report states that Tim Hortons also agreed to delete all granular location data and to have third-party service providers do so as well, as per recommendations from the privacy authorities. Now we're looking at meaningful consent," Eltis said. Fraser said that while the findings of the commissioners' investigation will be relevant to the lawsuits, a different standard would be applied in court, including whether the intrusion of privacy would be "highly offensive to a reasonable person." These new powers will go into effect in September 2023. "This investigation took two years. Karen Eltis, a University of Ottawa law professor and a faculty member of the university's Centre for Law, Technology and Society, said there's a general consensus among privacy experts that the laws and frameworks around privacy in Canada need to be "refreshed." Privacy expectations are evolving, she said, including the bar for consent when it comes to the collection of data. "The consequences associated with the App's collection of that data, the vast majority of which was collected when the App was not in use, represented a loss of Users' privacy that was not proportional to the potential benefits Tim Hortons may have hoped to gain from improved targeted promotion of its coffee and associated products," the report read. David Fraser, a privacy lawyer with the law firm McInnes Cooper in Halifax, said the findings of the investigation are a lesson not only for Tim Hortons but for any entity that creates an app that collects location data. However, the investigation found that there was a lack of contractual protections for users' personal information while being processed by Radar. The report describes the language in the contractual clauses to be "vague and permissive," which could have allowed Radar to use the personal information collected in aggregated or de-identified form for its own business.
GATINEAU, QC , June 1, 2022 – People who downloaded the Tim Hortons app had their movements tracked and recorded every few minutes of every day, ...
When people download and use these types of apps, it’s important that they know in advance what will happen to their personal information and that organizations follow through with their commitments.” – Information and Privacy Commissioner of Alberta Jill Clayton “This report eloquently illustrates the risks inherent in the use of geolocation and the importance of transparent and accountable privacy practices. While Tim Hortons stopped continually tracking users’ location in 2020, after the investigation was launched, that decision did not eliminate the risk of surveillance. Organizations must implement robust contractual safeguards to limit service providers’ use and disclosure of their app users’ information, including in de-identified form. The app also used location data to infer where users lived, where they worked, and whether they were travelling. In reality, the app tracked users as long as the device was on, continually collecting their location data.
Tim Hortons, something of a national institution in Canada, gathered mountains of location data from users of its app, in violation of Canadian law.
“In June 2020, we took immediate steps to improve how we communicate with guests about the data they share with us and began reviewing our privacy practices with external experts. Tim Hortons planned to use data for targeted advertising, but continued to gather the detailed information even after those plans were shelved, the announcement says. In Tim Hortons’ case, the location data was used to track “every time users entered or left a Tim Hortons competitor, a major sports venue, or their home or workplace,” and Tim Hortons said it used the data to determine whether users switched to another coffee chain and perform other analysis, the announcement reads. We’ve strengthened our internal team that’s dedicated to enhancing best practices when it comes to privacy and we’re continuing to focus on ensuring that guests can make informed decisions about their data when using our app.” Most egregiously, “The Tim Hortons app asked for permission to access the mobile device’s geolocation functions, but misled many users to believe information would only be accessed when the app was in use. This case once again highlights the harms that can result from poorly designed technologies as well as the need for strong privacy laws to protect the rights of Canadians,” Daniel Therrien, the Privacy Commissioner of Canada, said in a statement published with the announcement.
The Tim Hortons mobile ordering app violated the law by collecting vast amounts of location information from customers, an investigation by federal and ...
The investigation found that Tim Hortons' contract with a U.S. third-party location services supplier contained language so "vague and permissive" that it would have allowed the company to sell "de-identified" location data for its own purposes. "The company says it only used aggregated location data in a limited way, to analyze user trends -- for example, whether users switched to other coffee chains, and how users' movements changed as the pandemic took hold." "The investigation uncovered that Tim Hortons continued to collect location data for a year after shelving plans to use it for targeted advertising, even though it had no legitimate need to do so," the statement said.
'Tim Hortons clearly crossed the line by amassing a huge amount of highly sensitive information about its customers,' federal privacy commissioner Daniel ...
Radar Labs Inc., a U.S. company that helped develop the software, is named as a co-defendant in two of the four Canadian lawsuits. Whenever the software detected that a device was moving, it generally collected location data every 2.5 to six minutes, depending on the version of the app being used, they wrote. Concerns that the Tim Hortons app was tracking users’ movements were first reported in a 2020 National Post article. They also have told Tim Hortons to create a privacy-management program for any apps, and to improve privacy communications. The investigation was conducted by the federal privacy commissioner with counterparts in Quebec, British Columbia and Alberta. The officials have told Tim Hortons to delete any data it still holds on customers’ locations, and to instruct third-party data service providers to do the same. The investigation, launched in 2020, found that the app’s permissions “misled many users” by suggesting that it would only gather their information while they were using it.
"What happened here once again makes plain the urgent need for stronger privacy laws to protect the rights and values of Canadians," said federal privacy ...
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The Office of the Privacy Commissioner of Canada released a report detailing extensive tracking of Tim Hortons customers using its mobile app following an ...
The commission notes that, even if the data wasn’t used, it was still stored by default for a year — and although it was supposed to be anonymized, numerous studies show it’s not hard to identify individuals based on supposedly anonymous data. According to records reviewed by the commission, Tim Hortons sought the data to support trend reports saying customers were switching to its competitors — and as the COVID-19 pandemic unfolded, to track shifts away from downtown locations and toward closer-to-home suburban ones. It notes that in May 2019, Tim Hortons updated its mobile app to collect granular, frequent location updates from users’ phones.