2. Is More Data Always Better? The Legal Risks of Data Collection, Storage and Use in Marketing Jordan Abbott Acxiom Compliance Counsel

4. What are they collecting

5. Why are they collecting it

6. What principles (if any), govern the collection of data

7. Advocates’ attitudes

8. Court cases

11. Who collects and uses data for marketing? Everybody. Start Ups SOHO Fortune 500 Mid Tier Small Tier Entertainment Gaming Financial Services Retail Travel Technology Insurance Television Health Care Law Firms Consumer Goods Universities Telco Manufacturing Automotive Politicians Security Collections Government MORE!

13. Name variations

14. Addresses

15. Address Histories

16. Associates

17. Public Records

18. DMV

19. Criminal & RSO

20. Voter

21. Real Property

22. Licenses

23. Bankruptcy, Tax Lien, Judgment

25. IP Addresses

26. Peer to Peer Transfers

27. Social Networks

28. Geo-Location

29. Click Stream

30. Browsing Behavior

32. Name

33. Address

34. Email address

35. Phone

36. Cell phone

37. Shopping behavior

38. Viewing Behavior (Digital TV)

39. Geo-Location (Mobile Device)

40. Place and Time

41. Browsing behavior

42. Click stream

43. Purchase behavior

44. Demographics

45. Sociographics

46. Life Stage

47. Analytics and Segmentation

48. Cookies

49. Email behavior – click & open

50. Social Network Data

51. # of Networks

52. # of Friends

53. Fan Pages

54. Blog Data

55. Preference data

56. Response data

58. Marketing Acquisition Up-sell /Cross-sell Retention Risk Verification Authentication Fraud Prevention Identity Solving Business issues – Creating Consumer Value

59. Customers’ Lives Are Constantly Changing Every hour of every day 5,769 people changed jobs 2,748 people moved 509 people were married 244 people got divorced 186 people declared bankruptcy

60. Channels Are Multiplying Rapidly New Types of Data Exploding Volume Increasing Velocity

61. DMA’s Guidelines for ethical Business practices Article #32 – Personal Data “Marketers should be sensitive to the issue of consumer privacy and should only collect, combine, rent, sell, exchange, or use marketing data. Marketing data should only be used for marketing purposes.”

62. Collection Limitation Principle “There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject”

65. Being watched, monitored, taken advantage of

66. Consumers feel like they are losing control

67. Consumers don’t understand our information based economy

68. Information technology is part of our economic infrastructure

69. Benefits are not fully understood by consumers or law makers

71. The News! “…vast data gathering…used to discriminate in the services that companies offer customers or government agencies offer citizens.” “Eleven of the nation's largest website operators defended their privacy practices to lawmakers, saying it is impossible for them to monitor all the tracking technologies their sites install on visitors' computers.” “…growing concern on Capitol Hill about the expanding business of tracking consumer behavior online.” “’the wall has been breached’ between what users share under their real identity online and what information they provide under the cover of anonymity.” “…the analytical skill of data handlers…is transforming the Internet into a place where people are becoming anonymous in name only.” “Mr. Markey said he wasn't satisfied that "consumers are able to effectively shield their personal Internet habits and private information from the prying eyes of online data gatherers.”

72. More News! “As WiFi Data Collection Revealed, New Investigation Begins” “…consumers who surf the Internet unintentionally surrender all kinds of personal information to marketing firms that use invisible tracking technology to monitor online activity” “…Stalkers Exploit Cell phone GPS “ "Consumers still get the short end of the stick when industry shows that it is incapable, or unwilling, to better articulate what information they are collecting from consumers and why we should trust industry to protect consumers' personal information.” "It is technically impossible for Yahoo! to be aware of all software or files that may be installed on a user's computer when they visit our site," Anne Toth, Yahoo's vice president of global policy and head of privacy, wrote to U.S. Reps. Edward Markey (D-Mass.) and Joe Barton (R-Texas).”

73. Google Street view - Premise is awesome and beneficial - Collected personal information from unsecure WiFi networks - “Probably the single greatest breach in the history of privacy” - Numerous court cases and enforcement actions around the world

74. iPhone location tracking - Hidden file that stores latitude, longitude, and timestamps - Post-hoc explanation did not do much to quell controversy - Lawsuits, Congressional inquiries

76. Online tracking

77. Class action lawsuit

79. Pending Legislation HR 611 §303 S. 799 §301

80. Contact Info Jordan Abbott (501) 342-0356 jordan.abbott@acxiom.com