ANA advocates for keeping all marketing channels open and viable, while also focusing on a number of specific issues at the federal and state levels important to members. As the issues of the data-driven marketing community change, so does the focus of ANA Advocacy. Please see below for a list of the current issues we’re tracking:
ANA has been actively engaged in child and student privacy legislation since the passage of the Children’s Online Privacy Protection Act (COPPA) in 1998. Today, ANA engages with Congressional staff and wider industry regarding student and child privacy bills in both the House and Senate, offering feedback on legislation and education regarding the self-regulatory protections already in place to ensure responsible use of data in the marketing context as applicable to students and children.
The Privacy Shield Frameworks replace the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks and preserve data flows from the European Union and Switzerland to the United States.
The Privacy Shield Frameworks provide a set of robust and enforceable protections for the personal data of individuals from EU and Switzerland. The Frameworks provide transparency regarding how participating companies use personal data, strong U.S. government oversight, and increased cooperation with data protection authorities and regulators in EU and Switzerland. The Privacy Shield Framework offers EU & Swiss individuals’ access to multiple avenues to address any concerns regarding participants’ compliance with the Frameworks, including free dispute resolution which ANA provides to participating member companies.
ANA serves as a third party dispute resolution provider under the Privacy Shield frameworks.
ANA is engaged in a number of data policy issues throughout the EU including General Data Protection Regulation, and the European Commission’s (EC) 2015 plan to create a Digital Single Market (DSM) across the EU. The free flow of data for responsible marketing use is a driving force behind the global economy. Clear, interoperable data protection regimes remain essential to the industry, while still enabling innovation through the transatlantic flow of data for responsible marketing use.
The recent string of data breaches across the United States, both within the government and private sectors has allowed ANA to take a particular focus on this issue, routinely reviewing data breach and privacy legislation at the federal and state levels. ANA is particularly engaged in the development of mobile and geolocation technology as it relates to consumer data and privacy. A clear and uniform national data breach notification standard would eliminate the patchwork of disparate state laws that currently exist. Additionally, ANA included a ‘data breach preparedness plan’ in its revised Guidelines for Ethical Business Practice released in February 2014.
Coined in 1999, the term “Internet of Things” (IoT) refers to the ability of everyday devices to interact with each other within the “cloud” and be accessed remotely. While the term and the marketplace have been around for some time, IoT has only begun to gain federal attention in the past decade. As this issue continues to evolve, ANA is closely monitoring its effects on the data driven marketing community. ANA continues to educate federal and state policymakers about the economic value of the Data-Driven Marketing Economy (DDME) and the potential benefits it could provide to consumers through IoT.
Self-regulation is the most efficient and effective means of addressing both online and offline marketing and advertising information practices. Self-regulation takes into account consumer privacy considerations, while ensuring flexibility for the development of new services and products that deliver benefits to consumers, foster growth in the U.S. economy, and create new jobs. Successful self-regulatory models, like ANA’s Guidelines for Ethical Business Practices, have set a high bar for responsible marketing for decades.
Comprehensive postal reform remains a fundamental issue in Congress, and one that ANA continues to be actively engaged on. Since the 2008 “Great Recession,” the United States Postal Service (USPS) has been struggling to reach solvency, and was granted a request for an exigent postal increase through 2016 by the Postal Regulatory Commission (PRC). Comprehensive postal reforms remains a necessary legislative change, as rate increases only drive mail volumes away from the system, having the opposite effect the USPS desires.
Passed in 1986, The Electronic Communications Privacy Act (ECPA) was intended to stop federal agents from obtaining electronic information— such as emails in transit or stored on a server for less than 180 days— without a warrant. However, the law and its subsequent amendments does not reflect recent technological advancements, and gives law enforcement and government agencies a loophole to circumvent ECPA’s warrant requirement for electronic communications, regardless of how long they have been stored on third party servers. ECPA reform continues to gain momentum in both the House and Senate as legislation in both chambers is repeatedly introduced. ANA remains at the forefront of this industry issue, constantly monitoring and weighing in on legislation that would reform ECPA and allow for the safe and responsible use of data.
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In the wake of data breaches over the past several years, members of Congress and state legislators have indicated that updating data security and breach notification laws is a top priority.