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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: behavioral advertising

Posted in Consumer Privacy, International/EU Privacy

Article 29 Working Party Rebuffs European OBA Industry… Again

In an opinion adopted on December 8, the EU Article 29 Working Party again rebuffed the Online Behavioral Advertising industry’s self-regulatory proposal, continuing to hold firm that European law requires affirmative, opt-in consent prior to the placement of any cookie for tracking purposes. The Working Party broke down the OBA industry proposal, and then–in a rebuttal of the industry’s contention that the opinion will result in the proliferation of dreaded browser pop-up windows–offered up a number of methods of obtaining consent not involving pop-ups.

Posted in Consumer Privacy

FTC Announces First Flash Cookie Enforcement and Settlement with Child Social Network

The Federal Trade Commission yesterday announced settlements with two online companies for deceptively collecting personal information from consumers, including its first enforcement action against the use of “Flash cookies” and an enforcement action against a social network that collected children’s information without parental consent. As a result, businesses whose websites (or vendors) utilize Flash cookies, HTML5, or ETags to track user browsing should reexamine their privacy disclosures.

Posted in Consumer Privacy

New Guidelines Released for Mobile App Privacy Policies

Amid increasing media and regulator scrutiny over location-based services, the Mobile Marketing Association has released a set of draft privacy policy guidelines for mobile applications (“apps”). These guidelines address key data privacy and security issues and provide a helpful “starting point” for companies that develop or deploy mobile apps. With assistance from Hogan Lovells, the Future of Privacy Forum participated in the development of these guidelines.

Posted in International/EU Privacy

Article 29 Working Party Guidelines on Consent will Lead to More Pop-ups

Article 29 WP has issued guidelines in which it recommends separate pop-ups and affirmative “check the box” consent options. Consent clauses buried in terms of use are not specific enough to meet European requirements, according to tthe guidelines. Consent requires an affirmative ‘click’ by the consumer. Browser settings alone may not be sufficient, which raises questions under new EU cookie regulations. Details are contained in this blog posting.

Posted in Consumer Privacy

Court Finds NebuAd Users Gave Valid Consent to Monitoring

On December 13, 2010 a Federal District Court in Montana dismissed many of the claims brought against an ISP in connection with the ISP’s use of NebuAd monitoring technology. The court held that users had validly consented to the monitoring technology. The NebuAd case usefully focuses on the issue of user consent, rather than on technological distinctions between ISPs and service providers at the edge.

Posted in Consumer Privacy

Targeted Advertising and Online Tracking Remain Front Page News

Two national newspapers today included items on targeted advertising, a further indication that online tracking remains a hot topic. In an article on the front page of the New York Times entitled “Retargeting Ads Follow Suffers to Other Sites” the reporters note that “[b]ehavioral targeting has been hotly debated in Washington, and lawmakers are considering various proposals to regulate it. A Wall Street Journal opinion piece by Emory University Economics Professor Paul Rubin paints a very different picture from the New York Times article. The piece is entitled “Ten Fallacies About Web Privacy” and in summary form, we present Professor Rubin’s list of privacy fallacies with excerpts of why he thinks the propositions are false. The debate over online tracking, self-regulation and the need (or not) of government regulation will heat up when legislators and policy influencers refocus after Summer vacations.

Posted in Consumer Privacy

Rep. Rush Introduces Privacy Bill to Regulate Collection and Use of Personal Information

On July 19, Rep. Bobby Rush (D-Ill.), chairman of the House Energy and Commerce Subcommittee on Commerce, Trade, and Consumer Protection, introduced a privacy bill that would codify certain fair information principles into law for certain “covered entities” that collect, maintain, use, and transfer to third parties any “covered information” (consisting of personally identifiable information as well as any “unique identifier,” including IP addresses).

Posted in International/EU Privacy

EU Article 29 Working Party Decrees Strict Opt-In Standards for Behavioral Advertising Data Collection

On June 22, the Article 29 Working Party published an opinion clarifying the EU legal framework for those involved in online behavioral advertising. While it put forth strict guidelines for behavioral advertising in the EU, the working partypraised certain privacy-enhancing practices incorporated into behavioral advertising today and specifically encouraged industry to develop technical means to comply with the framework and “to exchange views” with the working party regarding such means.

Posted in Consumer Privacy

Reps. Boucher and Stearns Release Long-Awaited Advertising Privacy Bill

On May 4, Representatives Rick Boucher (D-Va.) and Cliff Stearns (R-Fl.) of the House Subcommittee on Communications, Technology, and the Internet published a discussion draft of long-anticipated privacy legislation that would restrict companies’ online collection and use of personal information and online activity, including use for the purpose of targeted online advertising. This blog post contains some observations about the draft bill, in its current form.

Posted in Consumer Privacy

An Example of Behavioral Advertising Self-Regulation from Europe

In the United States, regulators and policy makers are taking a close look at the issues surrounding behavioral advertising and how to protect the privacy of consumers. A vigorous debate is occurring over self-regulation versus the asserted need for legislation or regulation. So it is interesting to see what is going on in Europe in the realm of self-regulation.