Trust and
Transparency
Lewis Barr
Brad Cohen (@supnah)
DISRUPTION

Technology
Explosion

Expanding
Exposure and
Legal
Response
EXPANDING LEGAL EXPOSURE
People and companies are
learning to watch for their
data leaks.

Ad Age, Jan 28, 2014
SLEEP APNEA NIGHTMARE

“While so-called behavioural ads are not illegal,
Canada‟s privacy law prohibits advertising that
t...
OM NOM NOM
(COOKIES)
“C” IS NOT FOR COOKIES
GROWTH OF DATA COLLECTION POINTS
THE ADVERTISING SUPPLY CHAIN

iab Advertising Ecosystem
(https://www.iab.net/data/ecosystem.html)
COLLECT ONLY WHAT YOU NEED

•
•

•
•
•
•

Increased handoffs = increased risk
Personal Information reduction = risk reduct...
TRUST IN THE BALANCE

•

Loss of trust

•

Reputation

•

Direct business impacts

•

Litigation & enforcement
Personal Data Collection
NOTICE & CHOICE

•
•
•
•

What personal information your org is collecting
How it is being collected
Purpose for the colle...
Brightest Flashlight App
• Collected personal information
• Location info
• Device ID from phones
• Passed info to adverti...
DANGER ZONE DATA

•

Expansion of data orbit under recent COPPA
rule changes

•

Different rules regarding sensitive data ...
RECENT COPPA RULE CHANGES
Data now considered as protected information for covered
children:
• Geolocation information
• P...
AGREEMENT
THE NEED FOR TRANSPARENCY
AGREEMENT ACROSS THE INDUSTRY
•
•
•
•

White House
FTC
NTIA
Ad Industry
stakeholders
• Attorneys General
• California‟s
Ka...
INDUSTRY INITIATIVES FOR TRANSPARENCY

•

National Advertising Initiative (NAI)
•
•

•

Voluntary, applies to members only...
DIFFERENT APPROACHES TO COOKIES

US - Notice of practice
required on privacy
statements

EU - Consent required
NEW TRANSPARENCY REQUIREMENTS

•

CalOPPA Amendment by AB 370
•

•

•

Now in effect – requires businesses to disclose how...
LOOKING AHEAD

•
•

U.S. Congressional scrutiny and likely legislation
Background
Snowden effect
• Big Data scrutiny
• Con...
SMART BRAND APPROACH
Channel 4
Channel 4
Questions?
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Targeting and Transparency: Killing the Black Box Around User Data

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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.

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Targeting and Transparency: Killing the Black Box Around User Data

  1. 1. Trust and Transparency Lewis Barr Brad Cohen (@supnah)
  2. 2. DISRUPTION Technology Explosion Expanding Exposure and Legal Response
  3. 3. EXPANDING LEGAL EXPOSURE People and companies are learning to watch for their data leaks. Ad Age, Jan 28, 2014
  4. 4. SLEEP APNEA NIGHTMARE “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.” CTV News, Jan 15, 2014
  5. 5. OM NOM NOM (COOKIES)
  6. 6. “C” IS NOT FOR COOKIES
  7. 7. GROWTH OF DATA COLLECTION POINTS
  8. 8. THE ADVERTISING SUPPLY CHAIN iab Advertising Ecosystem (https://www.iab.net/data/ecosystem.html)
  9. 9. COLLECT ONLY WHAT YOU NEED • • • • • • 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?
  10. 10. TRUST IN THE BALANCE • Loss of trust • Reputation • Direct business impacts • Litigation & enforcement
  11. 11. Personal Data Collection
  12. 12. NOTICE & CHOICE • • • • 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 Does your privacy statement reflect reality?
  13. 13. Brightest Flashlight App • Collected personal information • Location info • Device ID from phones • Passed info to advertisers • Without clear indications to users SETTLED with FTC
  14. 14. DANGER ZONE DATA • 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
  15. 15. RECENT COPPA RULE CHANGES 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
  16. 16. AGREEMENT THE NEED FOR TRANSPARENCY
  17. 17. AGREEMENT ACROSS THE INDUSTRY • • • • White House FTC NTIA Ad Industry stakeholders • Attorneys General • California‟s Kamela Harris 17
  18. 18. INDUSTRY INITIATIVES FOR TRANSPARENCY • 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
  19. 19. DIFFERENT APPROACHES TO COOKIES US - Notice of practice required on privacy statements EU - Consent required
  20. 20. NEW TRANSPARENCY REQUIREMENTS • 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
  21. 21. LOOKING AHEAD • • 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
  22. 22. SMART BRAND APPROACH
  23. 23. Channel 4
  24. 24. Channel 4
  25. 25. Questions?

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