POLICY RECOMMENDATIONS
Protecting privacy without losing the benefits
Both policymakers and industry play a critical role in the creation of pragmatic policies and practices that balance strong privacy protections with preservation of digital health advertising benefits.
Four recommendations for policymakers
No single recommendation works as the sole mechanism for privacy protection.
Rather, the combination of these key principles working together — a thoughtful definition of sensitive personal information, promoting de-identification where possible, strong data minimization standards, and an effective consent framework work — enables consumers to enjoy the benefits of digital health advertising while ensuring their privacy is appropriately safeguarded.
What NAI members already do
Self-regulation carries part of this load. NAI membership requires adherence to the NAI Framework and Privacy Principles as well as participation in the NAI’s annual Privacy Review Program. The NAI also provides guidance for digital health advertising:
The NAI Framework
Three components: the Principles for Privacy in Network Advertising that all members must meet, standards of review for each Principle, and privacy guidance, tools and best practices for aligning with evolving U.S. law.
Privacy Review Program
An annual review every member takes part in. It opens with a questionnaire on the member's technologies, products and privacy policies, then an interview with NAI staff on best practices, compliance challenges and emerging trends.
Factor Analysis for Health-Related Sensitive Personal Information
When does advertising data count as sensitive health data? Even neutral data can become sensitive depending on how it is collected and used. This analysis considers five factors: the source of the personal information, its contents, its intended use, consumers’ heightened expectation of privacy, and the risk of consumer harm.
Demographic Health Advertising Best Practices
Best practices that advocate for the use of demographic consumer data for health-related advertising while strengthening protections around sensitive health information.
Legal & Regulatory Analysis: Sensitive Health Advertising
An analysis of state privacy laws, federal enforcement actions and associated guidance, and what they establish about how sensitive health data should be defined and treated.