Title: Why privacy discussions about pervasive online customer profiling should focus on the expanding roles of third-parties

Authors: Nancy J. King

Addresses: College of Business, Oregon State University, 200 Bexell Hall, Corvallis, OR 97331-2603, USA

Abstract: Network advertising associations, consumer databases, data mining services and advertising exchanges play important roles in the online behavioural advertising industry. The participation of such third-party businesses in consumer profiling to generate targeted direct marketing communications raises significant consumer privacy and data protection concerns. This article analyses the regulatory frameworks of the European Union and the USA and legal developments on this topic to assess how well consumers| privacy concerns are being addressed. It then makes suggestions for regulatory reform specific to third-party involvement in the behavioural advertising industry aimed at enhancing consumers| privacy and data protection.

Keywords: behavioural advertising; consumer profiling; third-parties; data protection; online customers; virtual customers; internet; world wide web; network advertising; consumer databases; data mining; e-commerce; electronic commerce; advertising exchanges; targeted marketing; direct marketing; marketing communications; regulatory frameworks; European Union; EU; USA; United States; regulatory reform; social networks; networking associations; private law; mobile commerce; m-commerce; pervasive computing; privacy; contracting; contracts; liability; legal aspects.

DOI: 10.1504/IJPL.2011.039360

International Journal of Private Law, 2011 Vol.4 No.2, pp.193 - 229

Published online: 31 Mar 2011 *

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