At a time when Americans are spending more time than ever on internet-connected devices, policymakers and regulators are assessing “dark patterns”: techniques associated with user interfaces (UIs) that intentionally mislead or manipulate users by obscuring, subverting or impairing consumer autonomy, decision-making, or choice. The challenging task in assessing a dark pattern is differentiating from a nudge seeking to achieve a business purpose that is consistent with the objectives and preferences of its users.
Less than two months into 2020, Virginia is poised to become the third state to enact a comprehensive consumer privacy bill, following California (twice) and Nevada. As of this writing, identical versions of the bill have been passed by the House and Senate, setting the Consumer Data Protection Act (CDPA) (SB 1392, HB 2307) up for a trip to Gov. Northam’s desk.
Enacting a national consumer privacy framework is a clear priority among leaders on Capitol Hill in both parties and with the incoming Biden-Harris administration. Following the election in November, the NAI held a great panel discussion exploring the outlook for a national consumer privacy framework in 2021, with a focus on key issues for digital advertising. (If you missed it, you can watch the recording here).
The recent updated report by the UK’s Information Commissioner’s Office (ICO) on advertising technology and real-time bidding (RTB) has gained a lot of attention, for good reason. It deserves a thorough read and careful consideration by all ad tech companies that process personal data of EEA (European Economic Area) residents.
