Across the globe, more and more privacy laws are being introduced on state, national and international levels. Many of these new and existing regulations have stricter rules and provisions for “sensitive” categories of data, such as data revealing racial or ethnic origin, political or religious opinions, sexual orientation and so on.
Some new US state laws, including in Colorado, Connecticut and Virginia, require businesses to seek users’ consent before processing sensitive data. However, Europe takes it a step beyond that and outright bans targeted online advertising based on sensitive data categories.
After spending a considerable amount of time in ad tech and working on privacy, I believe dedicated rules for sensitive data categories are good. However, I doubt that lawmakers’ categorization of what is sensitive (and what is not) is a silver bullet that solves all problems. After all, what might be noncritical to one person could be extremely sensitive to someone else.
Thinking critically about what’s “sensitive”
Think of online ads for liquor or alcohol. To most users or viewers, those might not be harmful. But recovering alcoholics would have a different opinion. The same applies to gambling and sports betting ads when it comes to people who see them while struggling with gambling addiction problems.
Another example of this phenomenon is targeted ads for pregnancy tests or baby clothes. It’s pretty straightforward to target such campaigns to users on basic demographics, using nonsensitive data categories (female, somewhere in their 20s to 30s). And while such ads might be unproblematic or even relevant for many users in this age group, it could be an extremely sensitive and intrusive topic for some.
This is why I believe it’s more beneficial to empower users with control, allowing them to decide which types of ads they consent to see and which they do not – through an extension or feature or in the settings of browsers or apps.
In addition to that, I’d argue that real user agency is needed. Legislators need to continue to play a significant role in the digital advertising and media ecosystem, and so do industry initiatives and solutions that put the user first.
Don’t get me wrong: I’m not saying that privacy laws – and the categories of sensitive data that politicians and regulators come up with – are wrong. But regulation may not be enough in a number of cases when it comes to today’s technology. It is a critical safety net, but it’s one that can only work seamlessly if we proactively support efforts to protect the public.
A call to complement legislation with practical solutions
When regulators and industry leaders work side by side, for example, in stakeholder exchange formats or with co-regulatory schemes, we can forge a path that will strike the vital balance between providing users with control while creating safeguards that can help us keep tabs on technology.
This is likely even more true today as we enter the era of generative AI, which has the potential to disrupt the online advertising industry further.
Generative AI is a much-discussed topic already and is anticipated to remain a focal point in the foreseeable future. As proposed laws aiming to govern AI-generated content in political advertisements take shape, along with the commencement of presidential election campaigns in the United States and the impending 2024 European elections, the significance of AI-augmented political ads is growing in relevance. And then there’s the question of AI’s copyright transgressions and the need for legal protections for publishers.
Collectively, the disruptions caused by AI are something that will require the collaboration of lawmakers, industry leaders and initiatives that prioritize the user’s interests at the center of it all.
Therefore, I call upon stakeholders across the media and marketing landscape to work together to augment legislation with user-centric tools and solutions. It is only through such collaborative efforts that we can navigate the changing online world and foster a safe and trusted online experience while protecting user privacy and choice.
“Data-Driven Thinking” is written by members of the media community and contains fresh ideas on the digital revolution in media.
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