targeting and transparency: killing the black box around user data
DESCRIPTION
Learn how recent legal developments around advertising and targeting based on personal data affect you! Join Lewis Barr, Janrain’s lead counsel and VP of Legal and Privacy and Brad Cohen, Janrain’s Director of Marketing Communication as we discuss: - How recent technology, ad industry practices, and legal developments are impacting online collection and use of personal data for advertising, and what to expect in the year ahead - A look at best practices related to the collection and use of personal data, and steps you can take to align with legal requirements and online user expectations Listen as we work through these emerging issues.TRANSCRIPT
Trust and Transparency
Lewis BarrBrad Cohen (@supnah)
DISRUPTION
Technology Explosion
Expanding Exposure and
Legal Response
People and companies are learning to watch for their
data leaks.
EXPANDING LEGAL EXPOSURE
Ad Age, Jan 28, 2014
SLEEP APNEA NIGHTMARE
CTV News, Jan 15, 2014
“While so-called behavioural ads are not illegal, Canada’s privacy law prohibits advertising that targets consumers based on ‘sensitive personal information,’ including health information.”
OM NOM NOM (COOKIES)
“C” IS NOT FOR COOKIES
GROWTH OF DATA COLLECTION POINTS
iab Advertising Ecosystem(https://www.iab.net/data/ecosystem.html)
THE ADVERTISING SUPPLY CHAIN
• Increased handoffs = increased risk• Personal Information reduction = risk reduction
• What are you collecting?• Who is allowed to access it?• Why are you collecting it?• Are third parties able to collect from your site?
COLLECT ONLY WHAT YOU NEED
• Loss of trust
• Reputation
• Direct business impacts
• Litigation & enforcement
TRUST IN THE BALANCE
Personal Data Collection
• What personal information your org is collecting• How it is being collected• Purpose for the collection • Whom it is being shared with and purpose of
sharing
NOTICE & CHOICE
Does your privacy statement reflect reality?
Brightest Flashlight App• Collected personal information
• Location info• Device ID from phones
• Passed info to advertisers• Without clear indications to
users
SETTLED with FTC
• Expansion of data orbit under recent COPPA rule changes
• Different rules regarding sensitive data in different jurisdictions• Canada
• Sensitive PI at issue in Google investigation
• Germany• New guidelines on personal data used in advertising
DANGER ZONE DATA
Data now considered as protected information for covered children:• Geolocation information• Photographs and videos • Audio files that contain a child’s image or voice• Any information that would permit direct contact with a child
online, • Email address• Instant message user identifier• VOIP identifier• Video chat
• Persistent identifiers• IP addresses• Mobile user IDs
• If they are used to track children over time or across websites
RECENT COPPA RULE CHANGES
AGREEMENT THE NEED FOR TRANSPARENCY
AGREEMENT ACROSS THE INDUSTRY
17
• White House• FTC• NTIA• Ad Industry
stakeholders• Attorneys General
• California’s Kamela Harris
• National Advertising Initiative (NAI)• Voluntary, applies to members only• Mobile Application Code applies to NAI members who
engage in cross-app data collection
• Digital Advertising Alliance (DAA)• Intended to apply to all industry players • Broader data focus on cross-app data, geolocation
data, and personal directory data• Transparency principle for real-time, enhanced notice
of OBA data collection and use practices • Ad Choices program
INDUSTRY INITIATIVES FOR TRANSPARENCY
EU - Consent required
US - Notice of practice required on privacy statements
DIFFERENT APPROACHES TO COOKIES
• CalOPPA Amendment by AB 370• Now in effect – requires businesses to disclose how
they respond to web browser Do Not Track signals if operator engages in collection - tracking
• Requires disclosure related to 3rd party tracking too
• CalOPPA Amendment• Takes effect Jan 1, 2015• Restrictions on online “adult” product ads to minors• “Delete button” - Ability for minors to delete or obtain
removal of content he or she has posted
NEW TRANSPARENCY REQUIREMENTS
• U.S. Congressional scrutiny and likely legislation • Background
• Snowden effect• Big Data scrutiny• Conversation shift from opt out to opt in and notice
and choice to use restriction
National breach legislation
COPPA expansion
EU Privacy Regulation
LOOKING AHEAD
SMART BRAND APPROACH
Channel 4
Channel 4
Questions?