By Lou Mastria
Big idea: The newly-introduced SECURE Data Act offers an extraordinary opportunity for Congress to pass a preemptive federal privacy standard that protects Americans in every state, and the bill explicitly endorses industry self-regulatory codes...
Big idea (in full): The newly-introduced SECURE Data Act offers an extraordinary opportunity for Congress to pass a preemptive federal privacy standard that protects Americans in every state, and the bill explicitly endorses industry self-regulatory codes as a legitimate mechanism for consumer protection. For the DAA, this is both a policy milestone and a powerful validation of the self-regulatory model we have created and expanded during the last 15 years.
This past week, Congress took an important step toward setting a national privacy standard as the leadership of the House Energy and Commerce Committee introduced a bill – the SECURE Data Act – that would build on the consensus elements of state laws that have been adopted on a bipartisan basis across the country. The legislation requires covered parties to offer an opt-out for the use of personal information in targeted advertising, such as the DAA currently provides through the AdChoices program, and it codifies the use of industry self-regulatory codes to provide meaningful consumer protections. The proposal also would adopt a tiered control standard similar to what DAA has had in the market for more than a decade, giving consumers consent-based control over precise location data and other sensitive data.
A Role for Self-Regulation through Adequate Codes of Conduct
We welcome this approach. It is foundational to what we have done over a 15-year history of keeping pace with consumer expectations and business innovations.
In fact, the inclusion of self-regulatory programs, as potentially co-regulatory mechanisms, is a validation of the important role that such programs can play in advancing both consumer and business protections. As recently noted by Federal Trade Commission (FTC) Commissioner Mark Meador, industry self-regulation “is always going to have a role to play,” even alongside state and federal laws.
DAA is gratified that Congress has recognized the crucial role for self-regulation in this new proposed national law and offered a common-sense approach to integrate those codes of conduct in its implementation.
From Paper to Passage – The Next Great Leap
The SECURE Data Act is at the beginning of the legislative process, and significant work remains to educate members of Congress about our industry and its impact. We invite you to join us at this year’s in-person “Advertising Day on the Hill” May 12-13, in Washington, DC – open to all businesses and individuals in data-driven advertising. You can register here at no charge. We need your voice on the Hill as we meet with Republicans and Democrats. They need to hear how your company helps create, sustain and service customers by using information, and using it responsibly.
