Landmark determinations against a pair of medical websites find that health providers must obtain consent before collecting sensitive information for targeted advertising.
Australia's Privacy Commissioner has found that telehealth provider Medmate and fertility specialist Monash IVF interfered with individuals' privacy by using third-party tracking pixels to collect sensitive health information without their consent.
The two determinations concluded a year-long investigation by the Office of the Australian Information Commissioner into how the organisations collected and shared information through tracking technologies embedded on their sites.
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The decisions establish that when tracking pixels are used on health-related websites to monitor visitors and facilitate targeted advertising on social media platforms, the activity constitutes the collection of sensitive information under the Privacy Act.
As a result, website operators must obtain users' consent before collecting such data.
The ruling is expected to have broader implications for organisations using third-party advertising and analytics tools.
“Australians have become accustomed to pervasive online tracking and targeted advertising, but that doesn’t mean that they’re comfortable with it,” Privacy Commissioner Carly Kind said in a June 24 statement.
“In particular when it comes to targeted advertising based on sensitive data, our community attitudes research shows that 9 in 10 Australians consider it neither fair nor reasonable to be targeted on the basis of their sensitive health data.”
The Commissioner said the determinations reinforce that organisations cannot rely on the complexity of digital advertising technologies to avoid their obligations under privacy law.
“Today’s decision establishes that the advanced technology used for tracking and targeted advertising in the online realm still has to be used in compliance with the Privacy Act,” the Commissioner said.
The OAIC has also released a companion report, ‘Your life, pixelated: how tracking pixels watch your every click’, following an inspection of 50 health service provider websites. The report outlines privacy risks associated with tracking pixels and provides recommendations for organisations and consumers.
The regulator is urging all entities subject to the Privacy Act to review their use of third-party tracking technologies and ensure they understand and comply with their obligations when collecting sensitive information, including health data, political opinions, race and ethnicity.
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David Hollingworth
David Hollingworth has been writing about technology for over 20 years, and has worked for a range of print and online titles in his career. He is enjoying getting to grips with cyber security, especially when it lets him talk about Lego.