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Opt-In: Advertising Industry Urges Texas to Reject Restricted Privacy Approach


“The Texas Privacy Council should be mindful of unintended side effects of a legislative approach that places unreasonable restrictions on digital advertising and relies too heavily on opt-in consent; instead of burdening consumers, have strong data privacy protections based on a clear set of prohibited practices that put consumers at actual and concrete risk.”

Relevance to Business Activities:

·        data governance and privacy notice considerations:

o   legislation:

§  the Council should be mindful:

§  of unintended side effects from any legislative approach in Texas:

§  such as placing unreasonable restrictions on digital advertisingRisk – such an outcome would detrimentally impact both:

§  consumers who demand ad-supported digital content; and

§  businesses who provide these products and services.

§  that there are already several privacy protections afforded through federal legislation, including:



§  FCRA;

§  GLBA; and

§  VPPA.

§  it is inherent that reasonable practices are permitted:

§  while helping prevent unreasonable practices to protect consumers from concrete harms.

§  any laws enacted to supplement these federal sectoral regimes should:

§  clearly define and prohibit practices that put consumers at actual and concrete risks;Control and

§  preserve the benefits to individuals and the economy that result from the responsible use of data.Control

o   opt-in consent:

§  proposals relying too heavily on opt-in consent for data collection would unfairly shift the privacy burden to consumers:

§  who should not be tasked with deciphering data-sharing arrangements prior to reading digital content or downloading an app.Risk

§  consumers should instead be able to rely on strong data privacy protections based on a clear set of prohibited practices;Control

§  there is a need to distinguish sensitive personal data from other data that drives digital advertising and poses less privacy risks;Control and

§  no other State has yet enacted a comprehensive data privacy law requiring consumers to opt in to business processing or uses of all personal information:

§  calls for Texas to be the first State to adopt such a restricted approach should be rejected.