www.networkadvertising.org/sites/default/files/final_response_to_texas_privacy_council_survey_8.21.2020.pdf
“The Texas Privacy Council should be mindful of unintended side effects of a legislative approach that places unreasonable restrictions on digital advertising and relies too heavily on opt-in consent; instead of burdening consumers, have strong data privacy protections based on a clear set of prohibited practices that put consumers at actual and concrete risk.”
Relevance to Business Activities: * data governance and privacy notice considerations: o legislation: ? the Council should be mindful: ? of unintended side effects from any legislative approach in Texas: ? such as placing unreasonable restrictions on digital advertising[Risk] – such an outcome would detrimentally impact both: ? consumers who demand ad-supported digital content; and ? businesses who provide these products and services. ? that there are already several privacy protections afforded through federal legislation, including: ? COPPA<nymitytools.nymity.com/RuleSource.aspx?rulesourceid=c23a71f8-665f-418c-bbd9-5704d83cf47c>; ? HIPAA<nymitytools.nymity.com/RuleSource.aspx?rulesourceid=a6eeaeca-576e-48f6-9a76-04d8bfa2aff0>; ? FCRA<nymitytools.nymity.com/RuleSource.aspx?rulesourceid=d4a37e1b-005f-4bea-bc34-9be16244b26a>; ? GLBA<nymitytools.nymity.com/RuleSource.aspx?rulesourceid=6bcb2583-e753-4320-88d0-58c1e2c008c4>; and ? VPPA<nymitytools.nymity.com/RuleSource.aspx?rulesourceid=77fa0856-38a4-492c-924a-84eb05f6d17c>. ? it is inherent that reasonable practices are permitted: ? while helping prevent unreasonable practices to protect consumers from concrete harms. ? any laws enacted to supplement these federal sectoral regimes should: ? clearly define and prohibit practices that put consumers at actual and concrete risks;[Control] and ? preserve the benefits to individuals and the economy that result from the responsible use of data.[Control] o opt-in consent: ? proposals relying too heavily on opt-in consent for data collection would unfairly shift the privacy burden to consumers: ? who should not be tasked with deciphering data-sharing arrangements prior to reading digital content or downloading an app.[Risk] ? consumers should instead be able to rely on strong data privacy protections based on a clear set of prohibited practices;[Control] ? there is a need to distinguish sensitive personal data from other data that drives digital advertising and poses less privacy risks;[Control] and ? no other State has yet enacted a comprehensive data privacy law requiring consumers to opt in to business processing or uses of all personal information: ? calls for Texas to be the first State to adopt such a restricted approach should be rejected.