ABSTRACT
… Across the four jurisdictions discussed in this study, there is a broad awareness of this problem as well as an evident emergence of alternative harms based regulatory approaches to behavioural advertising, including use of principles of fairness and reasonableness, the creation of protective regimes for vulnerable groups, especially children, and the introduction of risk based regulation for artificial intelligence. Given consumer data protection law’s structural commitment to notice and consent / choice frameworks, these harms based solutions will surround and overlay with rather than replace those frameworks. It is apparent that the future regulation of behavioural advertising harms will occur through overlapping regulatory measures that operate both inside and outside data protection law. To be effective, this needs to be carefully planned and coherently applied rather than developing as an ad hoc series of responses to the weaknesses of notice and consent / choice mechanisms in the face of innovations in targeted advertising.
Keller, Perry, After Third Party Tracking: Regulating the Harms of Behavioural Advertising Through Consumer Data Protection (May 4, 2022).
First posted 2022-07-26 10:45:24
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