Behavioral Marketing Regulation
Online advertising has grown to become one of the most important forms of advertisement because of the easiness it gives to marketers to reach their intended target market. Marketers save money and time and consumers see more ads that interest them. Lately, consumers are complaining that personal information is being share and sold between companies without any control and many questions are raised regarding to how far companies will go in order to make a profit. All this questions are valid arguments consumers have the right to ask because is their information the one is being shared.
The question is who controls and regulates what companies are supposed to do and do not do? Many people talks about this issue without knowing about a regulatory program that the Department of Commerce and Federal Trade Commission together commended the DAA have been implementing since 2009 to the present. What is this regulatory program? The answer for this question was given by the FTC “FTC staff has proposed some governing principles for behavioral advertising and now seeks comment on the principles from interested parties. The principles are intended to address the unique concerns expressed about behavioral advertising and thus are limited to these practices. The purpose of this proposal is to encourage more meaningful and enforceable self-regulation to address the privacy concerns raised with respect to behavioral advertising. In developing the principles, FTC staff was mindful of the need to maintain vigorous competition in online advertising as well as the importance of accommodating the wide variety of business models that exist in this area.
This self-regulatory program is based in these principles:
1. Transparency and consumer control: It basically says that companies should be transparent about the information collected and use. Companies should have and easy to read privacy policy and available at the right time for consumers. They also have to specific what they do with the data recollected.
2. Reasonable security and limited consumer data retention: companies that recollect, store, or use consumer information for behavioral advertising have to provide enough security to protect user information.
3. Affirmative express consent for material changes to existing privacy promises and Affirmative express consent to (or prohibition against) using sensitive data for behavioral advertising: consumers should be able to accept or decline company’s policy for data sharing and data using. Companies cannot use users’ information for behavioral advertising unless approved by them. Information related with health condition and financial information should not be recollected of use without consumer’s approval.
4. Using tracking data for purposes other than behavioral advertising: the FTC commission is still investigating the use of personal information recollected used with any purpose other than behavioral advertising.
In reality not only the companies but marketing associations have been trying to control and protect consumer’s information from being misused. Online behavioral advertising is beneficial for companies and consumers if the information recollected is used for the intended purpose. We cannot complain nothing is being done to regulate and hold companies accountable for the use of information but it is an universal truth not all companies fallow this program and there is where the conflict starts.
http://www.dmaresponsibility.org/privacy/oba.shtml
http://www.ftc.gov/os/2007/12/P859900stmt.pdf
http://www.dmaaction.org/