Bart Lazar Quoted in BNA's Privacy & Security Law Report
"Industry Behavioral Advertising Proposal Prompts Mixed Reviews From Privacy Experts"

Bart Lazar was quoted in the July 13, 2009 article, "Industry Behavioral Advertising Proposal Prompts Mixed Reviews From Privacy Experts," which appeared in BNA's Privacy & Security Law Report. The article discussed a proposal by leading marketing groups to strengthen online advertising industry standards governing consumer data collection. According to the article, however, online firms have come under fire for collecting large amounts of data on consumers without providing clear notice. Bart mentioned that the online advertising industry also needs to work out exactly how consumer choice will be exercised. He noted, “Consumers must consent to third-party use of their data, but the proposal does not clearly define how that should be done.”

According to the article, the industry is promising to increase the transparency of its data collection practices. Other principles in the industry proposal include: consumer control, data security, and accountability. Bart noted that, without clearer guidelines, companies could easily end up burying the required consent mechanism in a lengthy notice, even if that is not in keeping with the spirit of the proposal.

In addition, according to the article, while the proposal leaves some questions unanswered, Bart noted that it offers the right approach for dealing with privacy concerns surrounding behavioral advertising. Bart concluded, “If adopted, it could be similar to the advertising code enforced by the Better Business Bureau. If people are found to be noncompliant, they could be referred to the FTC for enforcement.”