MRIA Provides Groundbreaking Legal Opinion
On Digital Fingerprinting To Corporate Members

...Association Exploring Alternative Solutions For Online Research Firms

Digital fingerprinting received widespread attention in the marketing research industry throughout 2008, especially in the online panel research space where this technology application is being deployed.  Until recently, however, relatively little attention has been given to associated privacy issues.

A widely-held view is that digital fingerprinting collects only anonymous machine information, so there are no personal information and privacy implications.  This perspective, however, is not based upon a full understanding of Canadian privacy laws or, for that matter, national data protection laws in several jurisdictions outside the United States.  The unique machine IDs produced by digital fingerprinting can be associated with identifiable online survey respondents and, indeed, can be used to remove fraudsters in online panels and duplicates in blended samples.

Earlier this year, MRIA’s National Board of Directors unanimously agreed to retain Brian Bowman of Pitblado LLP to prepare a legal opinion on digital fingerprinting.  Brian is recognized as one of Canada’s leading privacy law authorities.  His cogent analysis in his MRIA-commissioned legal opinion cites pertinent clauses in PIPEDA, decisions rendered by our federal courts, and cases heard by the Office of the Privacy Commissioner of Canada.  The legal opinion concludes that digital fingerprinting will increase exposure to liability for companies that use the technology.

MRIA is pleased to provide designated Representatives of a Corporate Member of the Association, with complimentary access to this important legal opinion, via the Corporate Members Only section of our web site.

Individual members of MRIA, non-members, and organizations outside any MRIA Corporate Member’s corporate umbrella may purchase the Opinion for $300 plus GST, via the MRIA Portal.

Please note that before accessing the legal opinion, you will be required to read and acknowledge acceptance of a Disclaimer.  You must agree that you will not, in whole or in part, disseminate the Opinion to any “third party” without prior written permission from MRIA.

MRIA will generally agree to written requests to share the Opinion with third party organizations within a Corporate Member’s “corporate umbrella,” where such organizations are affiliated, subsidiary, or parent companies of the MRIA Corporate Member.

MRIA trusts that you will appreciate receiving the digital fingerprinting legal opinion.  Over the next few months, MRIA’s Board of Directors and other leaders will be discussing Brian Bowman’s legal analysis; and the Association has already started exploring alternative solutions for marketing research firms to identify fraudsters and duplicates in online research.

Brendan Wycks, BA, MBA, CAE
Executive Director
Marketing Research and Intelligence Association