Online tracking: Questioning the power of informed consent

Online tracking technologies have raised considerable concerns regarding privacy and the protection of personal data of users. In order to help users to regain control over their personal data, Europe has amended its ePrivacy directive towards an opt-in regime. There are however many open questions concerning its implementation, especially regarding the issue of informed consent. This paper explores how the new legal situation impacts on behavioral advertising practices via the storing and reading of cookies in the Netherlands. The results show that the majority of the surveyed parties involved in behavioural advertising do not inform users about the storing of cookies or the purposes of data processing of the subsequently obtained data, neither do they have obtained users' consent for the storage of cookies. We also found that the majority of users lack the skills and knowledge how to handle cookies. These findings critically question the wisdom of the informed consent regime which lies currently at the heart of Europe's ePrivacy directive. --Online behavioural advertising,profiling,cookies,informed consent,Do Not Track,ePrivacy Directive

Big Brother is Listening to You: Digital Eavesdropping in the Advertising Industry

In the Digital Age, information is more accessible than ever. Unfortunately, that accessibility has come at the expense of privacy. Now, more and more personal information is in the hands of corporations and governments, for uses not known to the average consumer. Although these entities have long been able to keep tabs on individuals, with the advent of virtual assistants and “always-listening” technologies, the ease by which a third party may extract information from a consumer has only increased. The stark reality is that lawmakers have left the American public behind. While other countries have enacted consumer privacy protections, the United States has no satisfactory legal framework in place to curb data collection by greedy businesses or to regulate how those companies may use and protect consumer data. This Article contemplates one use of that data: digital advertising. Inspired by stories of suspiciously well-targeted advertisements appearing on social media websites, this Article additionally questions whether companies have been honest about their collection of audio data. To address the potential harms consumers may suffer as a result of this deficient privacy protection, this Article proposes a framework wherein companies must acquire users\u27 consent and the government must ensure that businesses do not use consumer information for harmful purposes

Mapping and analysis of the current self- and co- regulatory framework of commercial communication aimed at minors

As the advertising sector has been very active in self-regulating commercial communication aimed at children, a patchwork of different rules and instruments exist, drafted by different self-regulatory organisations at international, European and national level. In order to determine the scope and contents of these rules, and hence, the actual level of protection of children, a structured mapping of these rules is needed. As such, this report aims to provide an overview of different categories of Alternative Regulatory Instruments(ARIs,such as self- and co-regulation regarding (new) advertising formats aimed at children. This report complements the first legal AdLit research report, which provided an overview of the legislative provisions in this domain.status: publishe

Targeting children with personalised advertising : how to reconcile the (best) interests of children and advertisers

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A Path toward User Control of Online Profiling

Online profiling is the practice of tracking information about consumers\u27 interests by monitoring their movements online. A primary purpose of online profiling is to deliver advertising tailored to the individual\u27s interests, a practice known as online behavioral advertising (OBA). In order to accomplish this, publishers and advertisers track a individual\u27s online behavior using cookies and other means. Publishers and advertisers aggregate the information, often compile it with information from offline sources, and sort individuals into groups based on characteristics such as age, income, and hobbies. Advertisers can then purchase access to these consumer groups, controlling their selections with such specificity that one commentator has compared the process of choosing the most desirable targets to fishing from a barrel. Part I of this Note presents an overview of the technologies that enable online profiling and the ways in which the online advertising industry uses gathered information to target users. Part II argues that legislation regulating online profiling is necessary because profiling is a harmful practice that users cannot prevent and for which no remedy is available. Part III examines the FTC\u27s recent proposal for a \u27do not track\u27 mechanism and proposes elements that future legislation should include in order to allow this mechanism to effectively address some of the concerns online profiling raises

The impact of privacy concern regarding online behavioral advertising in the context of social networking sites

Advertising on social networking sites is a much more complicated phenomenon than on traditional broadcasting media. Recent advances in Web technologies have made it possible for advertisers to track users’ online behaviours and browsing histories thus enabling advertisements to be customized and personalized for the individual. The growing privacy concerns have created a demand for providing users with choices and control related to online behavioural advertising (OBA). Research on privacy concerns related to OBA is still limited in IS literature. This research uses privacy calculus theory (PCT) to investigate the impact of users’ privacy concerns on OBA. This study will help to establish a new viewpoint and a deeper understanding of factors influencing privacy concerns regarding OBA in the context of social networking sites. Results are expected to support previous IS research with perceived entertainment, perceived informativeness and perceive intrusiveness will have positive influences on SNSs users\u27 acceptance-avoidance of OBA. Keywords Privacy Concerns, Social Networking Sites (SNSs), Online Behavioral Advertising (OBA), Privacy Calculus Theory (PCT)