Is there any reason to think that privacy self-regulation will work today when it did not work in the past? Privacy self-regulation done in the same way that it has been done in the past, without sufficient consumer participation, and with the same goals of simply evading real regulation and effective privacy controls will continue to fail.
WPF executive director Pam Dixon testified at a joint subcommittee hearing focused on privacy and the collection and use of online and offline consumer information. Dixon’s testimony focused on the new “modern permanent record” and how it is used and created. Dixon said “The merging of offline and online data is creating highly personalized, granular profiles of consumers that affect consumers’ opportunities in the marketplace and in their lives. Consumers are largely unaware of these profiles and their consequences, and they have insufficient legal rights to change things even if they did know.” The testimony explored concrete examples of problematic consumer profiling activities.
If the devices are left with older versions of the iOS4 software, the data stored on the iPhones and iPads will be unencrypted and can include latitude, longitude, when the location was visited, for how long, and the data could have been collected for as long as a year. Up to 2 MG of data can be stored, which can be a lot of location data.
Some of the advertising that is done online comes with hooks. Using a variety of technologies, some largely unseen, online advertisers can track online activities, sometimes in profound ways that consumers are not expecting. Not all online advertising has “hooks” that are problematic or that raise privacy challenges. But a type of advertising called “behaviorally targeted advertising” often does. Behavioral advertising has two key components: tracking and targeting.
The World Privacy Forum submits these comments to the European Advertising Standards Alliance on its Best Practice Recommendation on Online Behavioural Advertising.