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Tim Hortons app violated privacy laws in collection of ‘vast amounts’ of sensitive location data

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People who downloaded the Tim Hortons app had their movements tracked and recorded every few minutes of every day, even when their app was not open, in violation of Canadian privacy laws, a joint investigation by federal and provincial privacy authorities has found.

The investigation concluded that Tim Hortons’ continual and vast collection of location information was not proportional to the benefits Tim Hortons may have hoped to gain from better targeted promotion of its coffee and other products.

The Office of the Privacy Commissioner of Canada, Commission d’accès à l’information du Québec, Office of the Information and Privacy Commissioner for British Columbia, and Office of the Information and Privacy Commissioner of Alberta issued their Report of Findings today.

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. In reality, the app tracked users as long as the device was on, continually collecting their location data.

The app also used location data to infer where users lived, where they worked, and whether they were travelling. It generated an “event” every time users entered or left a Tim Hortons competitor, a major sports venue, or their home or workplace.

The investigation uncovered that Tim Hortons continued to collect vast amounts of 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 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.

While Tim Hortons stopped continually tracking users’ location in 2020, after the investigation was launched, that decision did not eliminate the risk of surveillance. The investigation found that Tim Hortons’ contract with an American 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.

There is a real risk that de-identified geolocation data could be re-identified. A research report by the Office of the Privacy Commissioner of Canada underscored how easily people can be identified by their movements.

Location data is highly sensitive because it can be used to infer where people live and work, reveal trips to medical clinics. It can be used to make deductions about religious beliefs, sexual preferences, social political affiliations and more.

Organizations must implement robust contractual safeguards to limit service providers’ use and disclosure of their app users’ information, including in de-identified form. Failure to do so could put those users at risk of having their data used by data aggregators in ways they never envisioned, including for detailed profiling.

The investigation also revealed that Tim Hortons lacked a robust privacy management program for the app, which would have allowed the company to identify and address many of the privacy contraventions the investigation found.

The four privacy authorities recommended that Tim Hortons:

  • Delete any remaining location data and direct third-party service providers to do the same;
  • Establish and maintain a privacy management program that: includes privacy impact assessments for the app and any other apps it launches; creates a process to ensure information collection is necessary and proportional to the privacy impacts identified;  ensures that privacy communications are consistent with, and adequately explain app-related practices; and
  • Report back with the details of measures it has taken to comply with the recommendations.

Tim Hortons agreed to implement the recommendations.

QUOTES

“Tim Hortons clearly crossed the line by amassing a huge amount of highly sensitive information about its customers. Following people’s movements every few minutes of every day was clearly an inappropriate form of surveillance. 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, Privacy Commissioner of Canada

“This report eloquently illustrates the risks inherent in the use of geolocation and the importance of transparent and accountable privacy practices. Without a suitable prior assessment, Tim Hortons collected sensitive information about its customers through its app, without their adequate knowledge or consent. It is to put an end to this kind of practice that Quebec has reviewed its legislation protecting personal information giving more powers to the Commission and making companies more accountable. ”

Me Diane Poitras, president, Commission d’accès à l’information du Québec

“This investigation sends a strong message to organizations that you can’t spy on your customers just because it fits in your marketing strategy. Not only is this kind of collection of information a violation of the law, it is a complete breach of customers’ trust. The good news in this case is that Tim Hortons has agreed to follow the recommendations we set out, and I hope other organizations can learn from the results of this investigation.”

Michael McEvoy, Information and Privacy Commissioner for British Columbia

“This investigation is yet another example where an organization has not effectively notified customers about its practices. Tim Hortons’ customers did not have adequate information to consent to the location tracking that was actually occurring. 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 is a news release from the Government of Alberta.

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Alberta

Canada’s postal service refuses to help with Trudeau’s gun ban buyback program: report

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From LifeSiteNews

By Anthony Murdoch

According to a report, Canada’s mail service notified the Trudeau government via a letter that it would not participate in the buyback scheme, citing safety concerns for its employees.

Canadian Prime Minister Justin Trudeau’s federal government crackdown on legal gun owners through a buyback scheme has hit a major roadblock after Canada Post, a federal-run institution, signaled it will refuse to participate in scooping up thousands of legally purchased firearms at the bequest of the government.

According to government sources in a recent Radio-Canada report, the Trudeau Liberals were hoping Canada Post would help collect approximately 144,000 “assault” and “military-style” firearms that were recently banned by the government. Canada Post currently delivers guns via mail that are legally purchased to those with firearms licenses.

The inside source, who chose not to be named, noted that Canada Post notified the Trudeau government via a letter that it would not participate in the buyback scheme, citing safety concerns for its employees.

According to the source, Canada Post is still talking with the federal government, with one idea being to allow it to transport guns but not oversee getting them from their legal owners.

“It’s a challenge, but we do not think this jeopardizes our timetable or the government’s desire to move forward,” said one source, adding, “We want the discussions to continue.”

As for the Trudeau federal government, it continues to say that having Canada Post be involved in the gun buyback is the “most efficient” as well as “least costly” way to get the guns back from owners.

Trudeau’s gun grab was first announced after a deadly mass shooting in Nova Scotia in May 2020 in which he banned over 1,500 “military-style assault firearms” with a plan to begin buying them back from owners.

Late last year, the Trudeau government extended the amnesty deadline for legal gun owners until October 30, 2025. It should be noted that this is around the same time a federal election will take place.

The Canadian government’s controversial gun grab Bill C-21, which bans many types of guns, including handguns, and mandates a buyback program became law on December 14, 2023, after senators voted 60-24 in favor of the bill.

Alberta and other provinces promise to fight Trudeau’s gun grab tooth and nail

On the same day news broke that Canada Post said it would not participate in Trudeau’s gun buyback, Alberta chief firearms officer Teri Bryant last Wednesday issued a statement saying, “We urge the federal government to abandon this ill-advised program and meaningfully consult the provinces as we work to address the actual causes of firearms crime.”

“Canadians are still waiting for concrete details about the federal firearms confiscation program that has been in the works since 2020, and Canada Post’s refusal to participate in the federal government’s firearms ‘buy-back’ program is just one more example of how little forethought or engagement has gone into implementation of this program,” Bryant said.

Bryant noted that the buyback will not “significantly improve public safety” because it does not target those “involved in criminal activity and gun violence, and Albertans can be assured that our government will continue to advocate for our law-abiding firearms community.”

“We believe in a principled and informed approach to firearms policy that preserves public safety and recognizes the immense responsibility that comes with firearms ownership,” she noted.

Bryant observed that the federal confiscation program is not only causing uncertainty for many firearms businesses, but it is also “pulling attention and resources away from programs and initiatives that would help address public safety.”

“It is also undermining public confidence in the fairness of our entire firearms regulatory scheme,” she added.

Indeed, LifeSiteNews reported in February that despite Trudeau’s crackdown on legal gun owners, Statistics Canada data shows that most violent gun crimes in the country last year were not committed at the hands of legal gun owners but by those who obtained the weapons illegally.

Alberta Premier Danielle Smith, along with premiers from no less than four additional provinces, are opposed to C- 21.

Late last year, Smith promised she would strengthen the gun rights of Albertans because of Trudeau’s gun grab.

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Alberta

Alberta threatens to fight Trudeau government restrictions on Canada’s plastics industry

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From LifeSiteNews

By Clare Marie Merkowsky

“If the federal government refuses to abide by the constitution, we will take them to court again to defend our jurisdiction and the thousands of Albertans who work in the petrochemical sector”

Alberta has rejected the Liberal government’s “unconstitutional” federal plastics registry and production limit.

In an April 25 press release, Alberta’s Environment Minister Rebecca Schulz promised to take Liberal Minister of Environment and Climate Change Steven Guilbeault to court over his proposal to create a plastics registry, mandating companies to report their plastic production and implementation.

“If the federal government refuses to abide by the constitution, we will take them to court again to defend our jurisdiction and the thousands of Albertans who work in the petrochemical sector,” Schulz declared.

“This unilateral announcement is a slap in the face to Alberta and our province’s petrochemical industry, and the thousands of Albertans who work in it,” she continued.

Guilbeault’s plan, set to be implemented in September 2025, would mandate that businesses record how much plastic they place on the market in addition to the amount of plastic waste generated on their commercial, industrial, and institutional premises.

Companies would then report that amount to the federal government. The plan exempts small businesses which produce less than one tonne of plastic each year.

However, Schulz explained that the registry would negatively affect Alberta, as “plastics production is a growing part of Alberta’s economy, and we are positioned to lead the world for decades to come in the production of carbon neutral plastics.”

“Minister Guilbeault’s proposal would throw all of that into jeopardy and risk billions of dollars in investments. This includes projects like Dow Chemical’s net-zero petrochemical plant in Fort Saskatchewan, a $9-billion project that will create thousands of jobs,” she warned.

“If the federal government limits plastic production in Canada, other countries like China will just produce more. The only outcome that this federal government will achieve will be fewer jobs in Canada,” she explained.

Schulz’s statement comes after the November decision by the Federal Court to rule in favor of Alberta and Saskatchewan, declaring that Prime Minister Justin Trudeau’s government overstepped its authority by classifying plastic as “toxic” and banning all single-use plastic items, like straws.

Essentially, the ruling overturned Trudeau’s 2022 law which outlawed manufacturing or importing plastic straws, cutlery, and checkout bags on the grounds of government claims that plastic was having a negative effect on the oceans. In reality, most plastic pollution in the oceans comes from a few countries, like India and China, which dump waste directly on beaches or in rivers.

The November ruling was only one of two recent court rulings that have dealt a blow to Trudeau’s environmental laws.

The second ruling came after Canada’s Supreme Court recently sided in favor of provincial autonomy when it comes to natural resources. The Supreme Court recently ruled that Trudeau’s law C-69, dubbed the “no-more pipelines” bill, is “mostly unconstitutional.” This was a huge win for Alberta and Saskatchewan, which challenged the law in court. The decision returned authority over the pipelines to provincial governments, meaning oil and gas projects headed up by the provinces should be allowed to proceed without federal intrusion.

The Trudeau government, however, seems insistent on defying the recent rulings by pushing forward with its various regulations.

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