Advertisers eye new anti-spam legislation tackling malware

Adam Kardash

Jan 14, 2015

Susan Krashinsky, The Globe and Mail

Lawyers point out that there are certain characteristics of malware that can also apply to legitimate programs: it is common, for example, for apps to automatically send information about glitches to their creators. More transparency about these functions is required, and the devil is the details.

“If there is invasive functionality that is contrary to the reasonable expectations of a user, there are additional consent requirements,” said Adam Kardash, a partner and expert in privacy and data management at Osler, Hoskin & Harcourt LLP and special counsel to the Interactive Advertising Bureau (IAB) Canada. “…One of the invasive functions that is listed is the collection of personal information. Many apps collect personal information. Is it contrary to reasonable expectations? At minimum, marketers are going to have to be very careful, even in the self-install context, to make sure they’re very transparent, and open and clear, at least in the installation phase.”

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