What’s happening?
Consumer online privacy awareness continues to heighten as users want to know how companies collect, use, and share their data. Across the U.S., data privacy is becoming increasingly relevant as states continue to propose and pass privacy legislation. A handful of states are considering privacy legislation, while California, Colorado, Connecticut, Utah, and Virginia have already passed state-specific consumer data privacy legislation. Each of these states have their own unique privacy acts, but all of them have one core strategy in mind: protecting consumer online data. More information regarding each state’s legislation can be found here.
Although only some states have passed privacy legislation at the state level, the Federal Trade Commission (FTC) enforces privacy policy at the federal level. The FTC ensures companies are complying with their promise of protecting consumer data and will take law enforcement action if a company were to be unfair and deceptive in their acts or practices.
Want to keep track of the on-going progress? Stay up to date with the latest U.S. State Privacy Legislation
What’s next?
In healthcare marketing, many are familiar with the term HIPPA (Health Insurance Portability and Accountability Act). HIPPA protects the privacy and security of individual health information. Protected health information (PHI) includes medical records, lab reports, hospital bills, along with any information relating to an individual’s past, present, or future physical or mental health. There are limits and conditions to what can be used or disclosed for marketing purposes without the individual’s authorization. The authorization needs to be clear and state specifically how their data will be shared, and why it is being shared. Even after completing a HIPPA authorization, the FTC plays a role to ensure that all elements do not create a misleading impression.
As privacy legislation and policies become more widespread, and consumers continue to opt-out of data collection, marketers are challenged more than ever with how to target and reach users. At Butler/Till we are connecting with our existing data partners to understand their approach and efforts to align with these privacy changes, as well as reach out to new vendors who have already adopted holistic attribution and cookie-less targeting. When reaching out to new vendors, we may consider including privacy-specific questions to understand their current and future practices. For instance, what steps are they taking to align with current and future privacy regulations? Also, are they transparent to users in the collection, use and sharing of the data?
Consumer privacy will continue to be top of mind for all—and it is our role to ensure we are not only complying with all privacy rules and regulations, but still creating meaningful connections and driving real business results for our clients, too.
Want to dig in further?
- FTC Role in Privacy: Protecting Consumer Privacy and Security | Federal Trade Commission (ftc.gov)
- HIPPA’s Impact on HealthCare: https://www.hhs.gov/hipaa/for-professionals/special-topics/hipaa-ftc- act/index.html
- NAIC Impact on Insurance: https://content.naic.org/cmte_h_ppwg.htm
