Why Advertisers Need Better Data Privacy Practices in the Age of COVID-19

The COVID-19 pandemic has put an increased focus on the types of data being collected from users around the world. Gracielle Cabungcal, Director of Legal Affairs, Digital Remedy talks about why ad tech companies need to be vigilant and privacy-forward in their compliance practices to successfully navigate these constantly evolving changes.

With GDPR going into full effect, and CCPA looming over the ad tech industry this year, data privacy has already kept advertisers up at night. And with the added challenges brought on by the COVID-19 pandemic, new data collection techniques and practices have come to the forefront, launching a new level of concerns and changes the industry must now face in its approach to data privacy and compliance.

Shifting the Focus

As health tracking and biometric information balance the HIPPA tightrope, while attempting to maintain the health and safety of the greater population, digital communications have been a major priority during this time. While some industries attempt to transition back from remote working, and kids return to school, temperature checks and contact tracing are becoming more and more of a common practice. Office products that allow for employees to check their temperatures are already in development, and it will be interesting to see how traditional technologies pivot to support these environments.

For those children still learning remotely, the added layer of collecting and sharing data from those audiences has become an increased concern. COPPA, the Children’s Online Privacy Protection Act, imposes certain requirements towards collecting personal information and targeting children under 13 years of age online with ads and has resurfaced as advertisers look to capitalize on families spending time at home this year.

These challenges put ad tech companies in a precarious position as they try to pivot business operations to accommodate the current needs of their clients, while also analyzing and adjusting their practices to navigate the issues that COVID-19 has brought to the surface. 

In many cases, it isn’t a pivot so much as an opportunity to refortify what businesses have already worked hard to establish, and re-analyze procedures to make sure they are remaining as compliant-forward as possible.

COVID put an intense microscope on an already hot button topic. With all of the biometric and health data collected, businesses will need to be able to answer how they are holding onto that information, and how it will be used in the future. 

Learn More: Personalization vs Data Privacy: What Is The Future of Customer Experiences in a Post-Pandemic World

So, What Can You Do?

For many companies, it means simply reviewing your existing practices to stay ahead of the curve. However, for those who are still building their privacy procedures, there are a few things to consider while creating and optimizing processes that can be implemented long term:

1. Analysis:  Start at the consumer level. You want to make sure the companies you are using are being responsible and honest about their approach to the issue of respecting your data. Look for partners that are clearly telling you what your rights are. On an organizational level, make sure you are meeting those same expectations of your clientele, and addressing those concerns accordingly.
2. Data Map: Organize all of the outlets from which you are taking in and giving out information across different categories, industries, and media types. Make sure your data privacy policy is readable and discusses what your consumers’ rights are.
3. Company Culture: Think about how you are internalizing your approach to data privacy, and work towards making it a priority for your whole organization, not just your legal team. Create or strengthen your internal policies, and take your own employees’ privacy into consideration while building your practices. 
4. Vendor Vetting: With all of this work towards holding your own business responsible, make sure the vendors you partner with are doing the same. Put pressure on the companies you work with to make sure their partners are on the same page in terms of protecting consumer privacy.

COVID-19 has opened up a lot of innovation in the tech space based on consumer needs, like the increased reliance on digital communications technology for businesses that have gone remote. New products and services will be popping up to help address the issues companies are facing, and these industries will be tightening up their security practices as a result. The companies that are creating these solutions, regardless of vertical or industry, in a privacy-forward way, will see the most success. 

Take Apple for example, which just released their new iOS updateOpens a new window which among other things, focuses a great deal on customer privacy. Their launch has focused on communicating security preferences to their audience, making sure consumers understand that this issue is top-of-mind for Apple, and shows the user how they are actively taking part in tackling the issue. This kind of approach is going to be what drives consumers to these products and services. Making these issues a priority, and following through on addressing the concerns of each user.

Learn More: In Privacy-First Era, MSSPs Can Push the Data Protection Envelope

What Is at Stake?

As we continue to navigate through the uncertainty of COVID-19, we can safely predict some changes to technologies and policies in the ad tech space. We will see a new category of sensitive information that will need to be considered that will include biometric information that is currently being tracked and gathered across the country, either through contact tracing apps or temperature checks. Who knows for how long it will be considered relevant, but solutions will need to be created to address that sensitive information at least for the foreseeable future. 

We will also see the immediate repercussions of this pandemic and its impact on data privacy as soon as the upcoming election. It is difficult to say what is to come, but CPRA (California Privacy Rights Act) as an amendment to CCPA (California Consumer Privacy Act) is on the immediate horizon and currently on the ballot. CPRA is intended to focus on what it means for cross-context behavioral advertising, aiming to give more clarity on where ad tech falls under a broader act but would lead to a lot of compliance risks. Depending on how the vote plays out, CPRA would go into effect in January of 2023, giving businesses not much time to develop the types of procedures needed to successfully navigate those changes.

Moving Privacy-Forward

For those organizations who already have data privacy top-of-mind, good. Keep it there. For those who think their simple privacy policy covers their bases, think again. If there is anything we have learned this year, it is that a privacy policy is not it. In order to be a true data partner and leader in the tech space, consumers need to know what you are doing for them, that you recognize their valid concerns, and that their privacy is at the forefront of the company’s overall mission. While it won’t be perfect for a while and may seem daunting to take on, creating and keeping privacy-forward policies, procedures, and operations at the core of your strategy will help lead your business through these uncertain times. 

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