Context
The Information Commissioner’s Office (ICO) has set out clear data protection standards that companies must meet to safeguard people’s privacy online when developing new advertising technologies (adtech). The privacy standards published in a Commissioner’s Opinion come as a warning to companies that are designing new methods of online advertising, that they must comply with data protection law and stop the excessive collection and use of people’s data.
Key points to note
- The ICO began intervening in the adtech industry in 2019, when it identified key privacy issues on real time bidding and on the use of cookies and similar technologies. ICO asked the industry to assess how they used personal data and to start changing their practices. Since then, companies have been developing solutions to address the ICO’s concerns and are moving towards less intrusive tracking practices. The Commissioners Opinion will help companies shape their proposals.
- The Opinion makes it clear that companies designing new digital advertising technologies should offer people the ability to receive ads without tracking, profiling or targeting based on excessive collection of personal information. Where people choose to share their data, all companies within the adtech supply chain must ensure there is meaningful accountability, and give people control over their data and the ability to exercise their information rights.
- Additionally, companies should be able to justify that the use of personal data for online advertising is fair, necessary and proportionate, as well as be clear with people about how and why their information is being used.
- Currently, one of the most significant proposals in the online advertising space is the Google Privacy Sandbox, which aims to replace the use of third-party cookies with alternative technologies that still enable targeted digital advertising.
- The ICO has been working with the Competition and Markets Authority (CMA) to review how Google’s plans will safeguard people’s personal data while, at the same time, supporting the CMA’s mission of ensuring competition in digital markets.
- The ICO will continue to work with organisations, industry bodies and other regulators to ensure that the use of personal data for online advertising is lawful.
Next actions
None – for information and awareness