Dear Mr. Stringer,

I note with interest and concern an article which appeared on Reuters’ web site earlier this evening regarding the IAB and their release of “good practice principles” with regards to targetted/behavioural advertising. I note the article states the following:

“Under the proposals, all online behavioural advertising platforms must clearly inform a consumer before taking any data, they must provide a way for users to decline behavioural advertising and preferably seek a consumer’s consent.”

The reason for my concern is that this paragraph simply does not adhere to UK or EU law or regulations. Firstly the mention that an advertising platform must “inform a consumer before taking any data” is somewhat of an insult to the privacy rights of the individual - the law states that they must seek permission to take any data not that they must “inform a consumer before taking any data”; the very wording of that statement seems to suggest that advertising corporations have a right to take the data which clearly is not the case under law.

Secondly, I was not only shocked but found it hard to believe that the article states “and preferably seek a consumer’s consent.” Again I should point out that under all laws relating to personal data (including Regulation of Investigatory Powers Act, Privacy and Electronic Communications (EU Directive) Regulations and the Data Protection Act - to mention just a few) obtaining informed consumer consent is a requirement not a preference.

I would appreciate an official response from the IAB clarifying these issues and will be contacting the EU Commission and UK Politicians/Regulators regarding the same in the near future.

As an open letter this correspondence will be published on https://nodpi.org along with any response received.

Sincerely,

Alexander Hanff
NoDPI.Org