What Did You Do on Data Privacy Day 2020? Do Tell Us.

Each year, Jan. 28 is known as “Data Privacy Day” in the United States and globally — also Data Protection Day in other jurisdictions. As business organizations — and marketers — we see that it’s a day when consumers are reminded to exercise their “privacy rights.”

Each year, Jan. 28 is known as “Data Privacy Day” in the United States and globally — also Data Protection Day in other jurisdictions.

As business organizations — and marketers — we see that it’s a day when consumers are reminded to exercise their “privacy rights” and take advantage of tips and tricks for safeguarding their privacy and security. In our world of marketing, there are quite a few self-regulatory and co-regulatory tools (U.S. focus here) that enable choices and opt-outs:

  • To opt out of commercial email, direct mail, and telemarketing in certain states, consumers can avail themselves of DMAchoice. For telemarketing, they can also enroll on the Federal Trade Commission’s Do Not Call database.
  • For data collected online for interest-based ads, consumers can take advantage of Digital Advertising Alliance’s WebChoices and Network Advertising Initiative consumer control tools, which are accessible via the ubiquitous “AdChoices” icon. DAA also offers AppChoices, where data is collected across apps for interest-based ads. [Disclosure: DAA is a client.]
  • Now that California has a new consumer privacy law, consumers there can also take advantage of DAA’s new “Do-Not-Sell My Personal Information” Opt Out Tool for the Web. Its AppChoices mobile app also has a new CCPA opt-out component for “do not sell.” Publishers all over the Web are placing “Do Not Sell My Personal Information” notices in their footers, even if others outside California can see them, and offering links to their own in-house suppression lists, as well as DAA’s. Some publishers are using new the Privacy Rights icon to accompany these notices.

Certainly, businesses need to be using all of these tools — either as participants, or as subscribers — for the media channels where they collect, analyze, and use personal and anonymized data for targeted marketing. There’s no reason for not participating in these industry initiatives to honor consumer’s opt-out choices, unless we wish to invite more prescriptive laws and regulations.

We are constantly reminded that consumers demand high privacy and high security — and they do. We also are reminded that they prefer personalized experiences, relevant messaging, and wish to be recognized as customers as they go from device to device, and across the media landscape. Sometimes, these objectives may seem to be in conflict … but they really are not. Both objectives are good business sense.

As The Winterberry’s Group Bruce Biegel reported while presenting his Annual Outlook for media in 2020 (opens as a PDF), the U.S. data marketplace remains alive and well. For data providers, the onus is to show where consumer permissions are properly sourced, and transparency is fully authenticated and demonstrated to consumers in the data-gathering process. It’s a rush to quality. Plainly stated, adherence to industry data codes and principles (DAA, NAI, Interactive Advertising Bureau, Association of National Advertisers, among others) are table stakes. Going above and beyond laws and ethics codes are business decisions that may provide a competitive edge.

So what did I do on Data Privacy Day 2020? You’re reading it!  Share with me any efforts you may have taken on that day in the “public” comments below.

Trade Associations Bond on Industry Self-Regulation

With the threat of an online privacy bill looming, some of the nation’s largest media and marketing trade associations released self-regulatory principles on July 2 to protect consumer privacy in ad-supported interactive media.

With the threat of an online privacy bill looming, some of the nation’s largest media and marketing trade associations released self-regulatory principles on July 2 to protect consumer privacy in ad-supported interactive media.

The seven principles will require advertisers and Web sites to clearly inform consumers about data collection practices and enable them to exercise control over that information. The collaboration includes the American Association of Advertising Agencies, the Association of National Advertisers, the Direct Marketing Association and the Interactive Advertising Bureau.

The Council of Better Business Bureaus is also part of the effort and has agreed, along with the DMA, to implement accountability programs to promote widespread adoption of the principles.

This is a big deal: Taken collectively, the participating associations represent more than 5,000 U.S. companies, and the task force represents the first time all advertising and marketing industry associations have come together to develop self-regulatory principles.

And it should be a big deal, quite frankly. Concerns around government regulation on the use and collection of data on the Internet has been swelling in the industry over the past few years as the medium has become all-encompassing. What’s more, the House Communications Subcommittee Chairman Rick Boucher (D-Va.) is preparing an online privacy bill right now that may contain an “opt-in” provision that would prevent companies from targeting consumers without their explicit permission.

The seven principles
The self-regulatory program is expected to be implemented at the beginning of 2010. The process, however, started in January, when the task force announced it was working on developing these principles in direct response to calls by the Federal Trade Commission.
The principles are designed to address consumer concerns about the use of personal information and interest-based advertising, while preserving the robust advertising that supports free online content and the ability to deliver relevant advertising to consumers.
The seven principles include the following:

  • The Education Principle, which calls for organizations to educate individuals and businesses about online behavioral advertising. Along these lines, a major campaign — expected to exceed 500 million online advertising impressions — will be launched over the next 18 months to educate consumers about online behavioral advertising, the benefits of these practices and the means to exercise choice.
  • The Transparency Principle, which calls for clearer and easily accessible disclosures to consumers about data collection and use practices associated with online behavioral advertising.
  • The Consumer Control Principle, which requires Internet access service providers and providers of desktop applications software such as Web browser toolbars to obtain the consent of users before engaging in online behavioral advertising, and take steps to de-identify the data used for such purposes.
  • The Data Security Principle, which calls for organizations to provide reasonable security for, and limited retention of, data collected and used for online behavioral advertising purposes.
  • The Material Changes Principle, which calls on organizations to obtain consent for any material change to their online behavioral advertising data collection and use policies and practices to data collected prior to such change.
  • The Sensitive Data Principle, which recognizes that data collected from children and used for online behavioral advertising merits heightened protection, and requires parental consent for behavioral advertising to consumers known to be less than 13 on child-directed Web sites. This principle also provides heightened protections to certain health and financial data when attributable to a specific individual.
  • The Accountability Principle, which calls for the development of programs to further advance these principles, including programs to monitor and report instances of uncorrected noncompliance with these principles to appropriate government agencies.

Sounds like a plan to me. What do you think? Do you think this initiative will stave off government regulation for good, or should these trade groups be doing more? Leave a comment here, and let us know how you feel.