From: AdExchanger
Andy Dale, VP, legal and data protection officer at dataxu.
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The Video Privacy Protection Act (VPPA) is one example of an existing law being applied to advanced TV technology. VPPA and the use of TV viewing data is the subject of a class-action lawsuit and was the subject of a Federal Trade Commission (FTC) enforcement action, both of which targeted Vizio.
So far, VPPA and the FTC have required that the use of TV viewing data for advertising purposes requires affirmative express consent, where a user must take an action to effectuate agreement and understand that choice. This differs from the opt-out regime of traditional digital where a user can opt out via the AdChoices icon or according to company privacy policies. We’ll have to wait for the conclusion of the class action to see how courts view VPPA and consent and, ultimately, how the market will react.
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