Tracking pixels are buried deep in a website’s coding and are often shared with social media companies so they can target you with ads
In late 2024, the OAIC took a close look at the use of tracking pixels on 50 health services websites
In late June this year, the OAIC determined that the use of tracking pixels by Medmate and Monash IVF amounted to a violation of the Privacy Act
One of the ways we find out our online activity is under surveillance is when an ad for a particular activity or product we search for magically appears on our social media feed.
It probably means a third-party tracking pixel has been following us around, noting the webpages we visit and recording what we click on.
Tracking cookies can do this as well, but they can be deleted and blocked, and they’re fading out of use.
No so with tracking pixels. They’re buried deep in a website’s coding and are often shared with social media companies so they can target you with ads based on your online activity. When it’s an item of clothing or a new pair of headphones you’ve been googling , that’s one thing, but it can get a lot more personal.
Long-held privacy concerns
The Office of the Australian Information Commissioner (OAIC), which houses the Privacy Commissioner, has long held concerns about how tracking pixels can pry into our personal business, especially when it comes to matters of health.
In late 2024, the OAIC took a close look at 50 health services websites, including providers of mental health services, healthcare for children, pharmaceutical products and fertility services.
Nearly all (96%) used tracking technologies, and more than half (52%) used third-party tracking pixels. In this latter group, more than three-quarters (77%) neglected to disclose the fact that they were using tracking pixels in their privacy policies.
The OAIC, pursuing what it calls a “risk-based and proportionate approach” to regulation, then narrowed the list of 50 websites down to 12 based on the sensitivity of the information the tracking technologies were collecting and the health services being offered.
All 12 websites used more than one third-party tracking pixel, including one provided by Meta in every case. Half the sites used the TikTok tracking pixel, while a quarter used one provided by Snapchat.
Several aspects of a visitor’s browsing activity were transmitted to social media platforms via these tracking pixels, including the full URLs of the webpages visited, button clicks, website searches, and time and date stamps – the kind of data used to build profiles and direct targeted ads.
Very few people would have had the knowhow to detect that their web browsing activity was being monitored, or that their browsing activity was being shared with their social media providers.
The OAIC investigation revealed that the information transmitted via tracking pixels “can reveal incredibly intimate details about an individual’s life”, including any health conditions you may have, the support services you’re searching for (such as mental health or domestic violence support), which services are recommended, and which medications you add to your cart when shopping on a health provider website.
The Privacy Commissioner has ruled that healthcare businesses must obtain consent to collect personal data with tracking pixels.
Companies unaware pixels were in use
When the OAIC contacted the 12 health providers, several convincingly claimed that they were not aware tracking pixels were active on their websites.
In one case, an external website design company had left 50 tracking pixels on a health provider’s website without its knowledge, which were removed once the OAIC got in touch. The company had not been aware of the type of information that was being shared with external platforms.
Other health providers knew about the tracking pixels on their websites but assumed any information they harvested from visitors was “hashed”, or turned into digital characters that de-personalise information. This was not the case.
CoCare, a community-based health service provider that specialises in mental health and chronic illness support, added Meta and TikTok pixels to its website on the advice of a marketing firm. Through these platforms, it targeted its first ad campaign at people between the ages of 25 and 30 who had visited its website in the last two weeks. It gleaned their approximate ages and other personal information via the tracking pixels.
In late June this year, the OAIC determined that the use of tracking pixels by two health providers, Medmate (telehealth) and Monash IVF (fertility services), amounted to a violation of the Privacy Act because the website visitors did not consent to having their information used for advertising. The investigation took a year to complete.
… website providers must obtain consent where they’re using tracking pixels
Privacy Commissioner Carly Kind
“Australians have become accustomed to pervasive online tracking and targeted advertising, but that doesn’t mean that they’re comfortable with it,” says Privacy Commissioner Carly Kind.
“In particular when it comes to targeted advertising based on sensitive data, our community attitudes research shows that nine in 10 Australians consider it neither fair nor reasonable to be targeted on the basis of their sensitive health data.”
The OAIC’s decision “establishes that the advanced technology used for tracking and targeting in the online realm still has to be used in compliance with the Privacy Act. That means website providers must obtain consent where they’re using tracking pixels to collect sensitive information, such as data on health, political opinions, race or ethnicity”.
How to detect tracking pixels
Free online tools are available that will scan websites and detect the tracking technologies in use. The OAIC has highlighted one in particular called Blacklight, which was developed by investigative journalists.
The European Data Protection Board also offers a website auditing tool, though it requires a level of tech proficiency that some may not possess.
Browser extensions can inspect websites for tracking technologies, including well-established tools such as Brave, Ghostery, and ChromeDevtools.
Many social media platforms allow users to view and download the data they have on them. Meta’s “Off-Facebook Activity”, for instance, allows you to see the information that other businesses have shared about you. TikTok users can access such information by selecting Settings and Privacy > Account > Download your data. You can also clear past activity on many social media accounts and adjust settings to prevent your browsing activity across the internet from being used for targeted advertising on the social media platform.
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Andy Kollmorgen is the Investigations Editor at CHOICE. He reports on a wide range of issues in the consumer marketplace, with a focus on financial harm to vulnerable people at the hands of corporations and businesses. Prior to CHOICE, Andy worked at the Australian Securities and Investments Commission (ASIC) and at the Australian Financial Review along with a number of other news organisations. Andy is a former member of the NSW Fair Trading Advisory Council. He has a Bachelor of Arts in English from New York University. LinkedIn
Andy Kollmorgen is the Investigations Editor at CHOICE. He reports on a wide range of issues in the consumer marketplace, with a focus on financial harm to vulnerable people at the hands of corporations and businesses. Prior to CHOICE, Andy worked at the Australian Securities and Investments Commission (ASIC) and at the Australian Financial Review along with a number of other news organisations. Andy is a former member of the NSW Fair Trading Advisory Council. He has a Bachelor of Arts in English from New York University. LinkedIn
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