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News release

Canadian privacy regulators pass resolution to address privacy-related harms resulting from deceptive design patterns

November 13, 2024

Privacy Commissioner of Canada Philippe Dufresne and privacy regulators from across Canada have issued a joint resolution calling for action on the growing use of deceptive design patterns that undermine privacy rights.

Passed at the recent annual meeting of federal, provincial, and territorial information and privacy commissioners and ombuds, hosted by the Information and Privacy Commissioner of Ontario, the resolution outlines key measures for organizations to adopt privacy-first design practices.

Deceptive design patterns manipulate or coerce users into making decisions that may not be in their best interests. These patterns are frequently used on websites and mobile apps, including those that are geared towards younger users, and their prevalence is a growing concern for regulators.

In response to the widespread use of and potential harm from privacy-related deceptive design patterns, Canada’s privacy commissioners and ombuds are calling on organizations in the public and private sectors to prioritize users’ privacy and support their informed and autonomous choices by avoiding deceptive design practices. The resolution urges organizations to:

  • build privacy and the best interests of young people into the design framework using privacy-by-design principles
  • limit the collection of personal information to only what is necessary for a specific purpose
  • use clear, accessible language that complies with privacy laws, enhances transparency and builds trust
  • regularly review and improve design elements of websites and apps to reduce exposure to deceptive design patterns and support informed privacy choices
  • choose design elements that adhere to privacy principles and do not generate negative habits or behaviors in users

The privacy commissioners and ombuds commit to collaborating with governments and other interested parties to modernize design standards, reduce the presence of deceptive design patterns, and champion privacy-friendly design patterns that respect user autonomy.

Quote

“We expect websites and apps to make it easy for users to protect their personal information, especially those geared at children and youth. The prevalence of deceptive design patterns is a concern for privacy and data protection authorities and this resolution sets expectations for both business and government organizations to improve their digital privacy practices.”

Philippe Dufresne
Privacy Commissioner of Canada

Quick facts

  • In 2024, the Global Privacy Enforcement Network (GPEN) launched a sweep of websites and apps, examining the prevalence of privacy-related deceptive design patterns. The OPC along with provincial and territorial information and privacy regulators joined this international effort, which examined over 1,000 websites and apps across multiple sectors, including retail, social media, news, entertainment, health, fitness, and those aimed at children.
  • The privacy sweep found that 97% of websites and apps reviewed globally were using one or more deceptive design patterns that may influence individuals into giving away more of their personal information online, and 99% of Canadian digital platforms examined included at least one deceptive design pattern.
  • Canadian regulators found that websites and apps aimed at children used emotive language or nagging to manipulate users into making less privacy-friendly choices, more often than those targeted at the general population.

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Media contact

Office of the Privacy Commissioner of Canada
communications@priv.gc.ca

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