This document discusses digital media privacy trends in Canada and beyond. It contains the following key points: 1. Canada has comprehensive national privacy laws (PIPEDA) that regulate the collection and use of personal data in digital advertising. Recent guidance clarified that ad serving data falls under PIPEDA and requires notice and opt-out. 2. There is a shift from audience creation to advertiser enablement in adtech, from browser-controlled to platform-controlled digital experiences, and growth in data synchronization across platforms. Current privacy frameworks do not address these changes. 3. Keys to operating privacy-safely in a post-cookie world include enhanced notice, transparency about the use of identifiers, reliable opt

1. @chapell68
Alan Chapell
President
Privacy & Big Data
“What Marketers Need to Know About Privacy”
Chapell & Associates

2. Two part discussion
Overview of Canada’s digital media privacy law and standards
Looking beyond the cookie for attribution and measurement

3. Some historical perspective…

4. Personal Information Protection and Electronic Documents Act
(PIPEDA)
Canada’s Comprehensive (national level) Privacy Law
Adequate from the perspective of the EU
Addresses Digital Media Advertising?

5. Dec 2011 guidance from Canada’s chief regulator
Ad serving data IS governed by PIPEDA
Notice & Opt-out Choice can be appropriate

6. Sept 2013
Digital Advertising Alliance Canada
Enhanced Notice (outside of the PP)
Opt-out Choice
Restrictions on data usage for OBA

7. Sensitive Health Data
HIV
Heart Condition
Mental Health
Diabetes
Smoker
Dieter
Cold and Flu
Heartburn
Sleep Apnea
Vitamin User
Wellness

8. Sensitive Health Data
HIV
Heart Condition
Mental Health
Diabetes
Smoker
Dieter
Cold and Flu
Heartburn
Sleep Apnea
Vitamin User
Wellness

9. Canada’s new anti-SPAM Law
Effective July 1, 2014
Commercial Email subject to opt-in consent
Certain Existing Business Relationship Exceptions

10. Part 2:
The Future of Cookies and the
Monetization of Addressibility
a.k.a. why the use of non-cookie based
technologies will skyrocket in 2014-15

11. FOUR Digital media trends

12. Digital Media Trend #1:
shift from
Audience Creation
to
Advertiser Enablement

13. Ad network model circa 2005
Data

14. From 2006 to 2014
Restrictions on data use (IAB t/cs)
use limited to data exhaust
Non-advertiser/publisher specific

15. Ad network model circa 2005
Data

16. Digital advertising model 2013
Advertiser
DSP
Audience / Customer / User
Data
DMP
Data marketplace
Data
marketplace

17. Brands
Purchasing Power
+
Power to build their own digital audiences

18. Digital Media Trend #2:
shift from
Browser Controlled Ad Spend
to
Platform Controlled Ad Spend

19. 2005 – Browsers & Cookies

20. Tracking Protection
Cookie Blocking & Deletion
Mobile

21. Device &
O/S
Social
Platforms
Carriers /
ISPs
Meet the Platforms

22. Platforms own the tracking
technology
(nobody really owns cookies)

23. An Epic Battle…

24. Digital Media Trend #3
Advertisers demand insight
across platforms & devices

25. Advertising across one SN Platform
Advertiser SN Platform
Audience / Customer / User
Data Data

26. Advertising across MULTIPLE Platforms
Advertiser
Audience / Customer / User

27. Some reporting across
platforms, but not much
else…

28. Back to digital media
planning circa 1997?*
* Btw, its not a great idea to have the same entity that is
providing the media to rate the efficacy of the media.

29. Advertisers
vs.
Platforms

30. Digital Media Trend #4
The growth of the data synch
ecosystem

31. IDFA
Email
MSFT ID
Outlook ID
Advertising ID
G+ ID Samsung ID
FB ID
Email Address
Twitter Handle
Twitter ID
LinkedIn ID
Email address
Verizon ID
Telephone #
Telephone #
Sub-ID

32. Advertiser UID Platform1 Conf % Platform2 Conf %
ADV-43654 IDFA-ZYXPL 83% Tt-12345 95%
ADV-43655 IDFA-ZYXPQ 74% Tt-12346 73%
ADV-43656 IDFA-ZAXPL 76% Tt-12347 74%
ADV-43657 IDFA-PTUYD 66% Tt-12348 89%
ADV-43658 IDFA-ZYXPL 78% Tt-12349 77%
ADV-43659 IDFA-AFRED 78% Tt-12350 78%
ADV-43660 IDFA-ZYXPL 83% Tt-12351 83%
ADV-43661 IDFA-ERSHR 97% Tt-12352 76%
ADV-43662 IDFA-ZYTPL 88% Tt-12353 75%
ADV-43663 IDFA-ACDEF 85% Tt-12354 88%

33. Data & data processing
Companies
Market research Firms Device recognition
SM Advertising Platforms
Mobile Analytics
Data Mgt Platforms
DSP / Exchanges
Consumer facing
with registration
Compliance Vendors
CROSS PLATFORM / DEVICE DATA SYNCH LUMAscape

34. Data & data processing
Companies
Market research Firms Device recognition
SM Advertising Platforms
Mobile Analytics
Data Mgt Platforms
DSP / Exchanges
Consumer facing
with registration
Compliance Vendors
CROSS PLATFORM / DEVICE DATA SYNCH CHAPELLscape

35. Audience Creation to Advertiser Enablement in Adtech
Browser Controlled to Platform Controlled Digital Experiences
Advertiser Demand for Customer Insight across screen and platform
Growth of the Data Synch Ecosystem
Digital Media Trends

36. Current Privacy Framework
doesn’t address ANY of this
(Brands not used to being responsible
for digital privacy rules)

37. Keys to being privacy-safe
in a post-cookie world

38. Notice
Transparency
Choice
Data Segment Retention

39. Most privacy policies
reference cookies and
browser settings
(including some app privacy policies)

40. Enhanced Notice may be the answer

42. “Third-parties use Advertising IDs….”

43. Transparency:
More important than ever

44. Transparency
A User SHOULD be able to
determine that a StatID is
being utilized for ad targeting

45. • Browsers give users ability to see cookie
– Aspire to provide similar level of transparency
• Statistical ids are server based
– Creates the impression of “secret” tracking
• A User SHOULD be able to determine that a
StatID is being utilized for ad targeting
• Note: transparency implies accountability

46. Choice:
How do you record opt-outs?

47. Reliability - Develop an opt-out mechanism that is at least
as reliable as a first party cookie.
Cross-Device Support - an opt-out on one device should
be honored on all devices that are mapped to that device.
Auditable – ensure that a third-party can reasonably
determine that your opt-out is functioning properly.
Opt-out best practices

48. Data Segment Retention

49. The Right to be Forgotten

50. Sunset your digital Segments
Precise Location
Auto-Intender
Income / Age Range
Frequent SN Sharer

51. Questions?
alan@chapellassociates.com