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Advocacy Accomplishments

Federal — Privacy and Data Security

  • May 23, 2018: Do Not Tracks Kids 2018 was proposed to both the House and Senate to establish new rules that apply to the collection, use, and disclosure of data pertaining to children age 15 and younger. This proposal is currently not scheduled for a committee hearing or vote, and DMA’s Advocacy team will update members with any news or changes.
  • May 10, 2018: DMA Releases New ‘Ethical Data & Marketing Practices’ Certificate
  • May 1, 2018: DMA Invites Advertising and Marketing Industry Leaders to Examine Data Responsibility & Ethics
  • April 3, 2018: Due to the recent Facebook stories regarding Cambridge Analytica, DMA weighs in on how to handle third-party data appropriately
  • March 29, 2018: Statement from DMA CEO Tom Benton on Recent Facebook News
  • December 20, 2018: Coalition for Better Ads, an organization in which DMA is a founding member of, to Introduce Better Ads Experience Program
  • November 9, 2017: FTC Chairman talks Ethical Marketing Practices Across Industries at DMA’s Dynamic State of Data event
  • October 10, 2017: DMA Announces Final Updated Standards on Marketing Data Use, To Go Into Effect July 2018 at DMA’s &THEN conference
  • September 28, 2017: Privacy Shield Framework Hits Annual Milestone
  • May 18, 2017:How to Construct a Privacy Policy’ Tip Sheet is Released
  • March 28, 2017: Data & Marketing Association Applauds Congressional Action on ISP Regulations
  • March 1, 2017: FCC Action Is “Good First Step” Toward Rolling Back ISP Regulations
  • January 3, 2017: DMA and Industry Associations Petition FCC to Reconsider its Unnecessary Restrictions on the Digital Economy
  • December 2013 to January 2014: With the passage of the budget deal came a provision that restricts access to the Death Master File (DMF)—before the bill, DMA worked to ensure that the stage was set for a “fix” that would enable responsible data-driven marketers to access and use the DMF for legitimate business purposes going forward. DMA is currently working with the Department of Commerce as they begin to interpret the DMF provision.
  • December 2013 to January 2014: DMA joined a group of associations in submitting comments just before the holidays that critiqued the content of the National Institute of Standards and Technology (NIST)’s Preliminary Framework for reducing cyber risks to critical infrastructure. The comments also provided an alternate direction for the Framework.
  • December 2013: DMA’s Senior Vice President of Government Affairs Jerry Cerasale testified before the Senate Committee on Commerce, Science and Transportation in a hearing entitled, “What Information Do Data Brokers Have on Consumers, and How Do They Use It?”
  • December 2013: The petition calling for Washington to move on Electronic Communications Privacy Act (ECPA) reform finally reached the White House’s 100,000 signature threshold. In the case of the We the People system, 100,000 signatures guarantees a White House statement on the issue, which could help to give ECPA reform some momentum going forward.
  • November 2013: DMA’s Vice President of Government Affairs Rachel Nyswander Thomas presented in front of the House Privacy Working Group, focusing on the value of data—in particular, economic impact findings from the Data-Driven Marketing Institute’s study—and strongly reinforcing the importance of self-regulation.
  • August 2013: DMA’s President and CEO Linda Woolley wrote an open letter to FTC Commissioner Julie Brill regarding Brill’s opinion piece in the Washington Post, entitled “Demanding transparency from data brokers.”
  • June 2013: DMA’s Vice President for Government Affairs Rachel Nyswander Thomas responded to FTC Commissioner Julie Brill’s call for consumers to “reclaim your name” in interviews with AdAge and DM News.
  • June 2013: DMA submitted a proposal in advance of the World Wide Web Consortium’s latest meeting that would have created a data de-identification standard that would exempt data from falling under a Do Not Track standard.
  • July 2013: The Digital Advertising Alliance unveiled new guidance for assuring that its self-regulatory principles, currently enforced by DMA and the Council of Better Business Bureaus, are honored in mobile environments. The guidance for the first time advised advertisers, agencies, media, and technology companies how to provide consumers the ability to see and exercise control over the use of cross-application, personal directory, and precise location data in mobile applications.
  • June 2013: DMA held a successful webinar for hundreds of marketers concerned with how their businesses will come into compliance with the new Children’s Online Privacy Protection Act (COPPA) rule in time for the July 1, 2013 deadline.
  • May 2013: DMA submitted comments to the FTC that highlighted the important benefits that the “Internet of Things” provides to consumers, and recommended that industry best practices, self-regulation, and education provide the right balance for promoting innovation while addressing privacy concerns in this area.
  • May 2013: DMA filed an amicus brief in the class action suit Harris v. comScore Inc., asking the federal appellate court in Chicago to overturn the lower court’s order certifying a class to pursue claims that comScore’s industry best-practices disclosures failed to advise users of the extent to which its software would collect and use information about the user’s Web activity. The acceptance of this amicus brief marked the first action of the newly-formed DMA Litigation Center.
  • August 2013: DMA’s President and CEO Linda Woolley wrote an open letter to FTC Commissioner Julie Brill regarding Brill’s opinion piece in the Washington Post, entitled “Demanding transparency from data brokers.”
  • April 2013: DMA sent a letter to the FTC asking the Commission to extend the effective date for the amendments to the Children’s Online Privacy Protection Act (COPPA) rule from July 1, 2013 to January 1, 2014.
  • April 2013: DMA submitted a list of continuing concerns with the current draft code for mobile application short notice that was under discussion in the National Telecommunications and Information Administration (NTIA) multistakeholder process to consider transparency practices for mobile applications.
  • April 2013: DMA met with staff from the House Judiciary Committee to discuss concerns with the data breach provisions as drafted. DMA explained that businesses that have been the subject of criminal hacking activity need time after discovering the breach to repair their security firewalls, determine what information, if any, has been accessed, and whose information has been accessed.
  • January 2013: DMA, along with IAB, ANA, ESA the 4As, hosted a briefing on the recent updates to the FTC’s Children’s Online Privacy Protection Act (COPPA) rule, with over 300 participants joining in person and by phone.
  • October 2012: DMA’s Vice President of Government Affairs Rachel Nyswander Thomas participated in the World Wide Web Consortium’s Tracking Protection Working Group meetings in Amsterdam, reiterating the view of DMA that it is inappropriate for the W3C to engage in policy making activities.
  • September 2012: DMA hosted a technical briefing on current business practices in the mobile app ecosystem. The briefing was organized in conjunction with the multistakeholder privacy process facilitated by the National Telecommunications and Information Administration.
  • September 2012: DMA filed comments with the European Parliament regarding the proposed changes to the EU Data Protection Directive.
  • September 2012: DMA submitted comments to the FTC on its supplemental notice of proposed rulemaking in connection with the COPPA rule review, after several discussions about draft proposals with the Kids Privacy coalition.
  • December 2012: DMA’s Senior Vice President of Government Affairs Jerry Cerasale participated in a Congressional Bipartisan Privacy Caucus briefing held by Representatives Ed Markey (D-MA) and Joe Barton (R-TX) to discuss the business and privacy practices of the “data broker” industry.
  • August 2012: DMA filed reply comments in response to the Federal Communications Commission (FCC) proceeding on “Privacy and Security of Information Stored on Mobile Communications Devices.”
  • July 2012: DMA led the business community in sending a joint association letter to the full Senate expressing strong opposition to the adoption of amendments that would add data security, breach notification, or commercial privacy provisions to the Cybersecurity Act of 2012.
  • June 2012: In less than 24 hours, DMA rallied more than a dozen trade associations to sign and send a letter to the Members of the Senate Committee on Appropriations expressing significant concerns regarding a well-hidden directive that the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) work together on new privacy guidelines, which was added to the report accompanying the Fiscal Year 2012 Financial Services and General Government appropriations bill.
  • June 2012: DMA and TRUSTe hosted a webinar exploring how to comply with the EU “Cookie Directive,” as well as proposed changes to existing EU data protection laws.
  • May 2012: DMA’s Vice President of Government Affairs Rachel Nyswander Thomas joined a private sector panel of experts in reviewing three legislative proposals from the FTC, the Obama Administration’s “Consumer Privacy Bill of Rights” white paper and the proposed “European Data Protection Regulation” respectively, at a Congressional Internet Caucus Advisory Committee event.

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