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Profiling the Mobile Customer – Is Industry Self-Regulation Adequate to Protect Consumer Privacy When Behavioural Advertisers Target Mobile Phones? – Part II Public Deposited

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  • Mobile customers are increasingly being tracked and profiled by behavioural advertisers to enhance delivery of personalized advertising. This type of profiling relies on automated processes that mine databases containing personally-identifying or anonymous consumer data, and it raises a host of significant concerns about privacy and data protection. This second article in a two part series on “Profiling the Mobile Customer” explores how to best protect consumers’ privacy and personal data through available mechanisms that include industry self-regulation, privacy-enhancing technologies and legislative reform.1 It discusses how well privacy and personal data concerns related to consumer profiling are addressed by two leading industry self-regulatory codes from the United Kingdom and the U.S. that aim to establish fair information practices for behavioural advertising by their member companies. It also discusses the current limitations of using technology to protect consumers from privacy abuses related to profiling. Concluding that industry self-regulation and available privacy-enhancing technologies will not be adequate to close important privacy gaps related to consumer profiling without legislative reform, it offers suggestions for EU and U.S. regulators about how to do this.
  • This is the authors’ revised personal version of the text of the final journal article (to reflect changes made in the peer review process). The final published version can be found at: http://www.sciencedirect.com/science/journal/02673649
  • Keywords: Targeted marketing, Fair information practices, Data protection, Behavioural advertising, Consumer profiling, Sensitive data, Privacy, Privacy-enhancing technologies, Industry self-regulation, Mobile commerce, Mobile phones
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  • King, N. J., & Jessen, P. W. (2010). Profiling the mobile customer – Is Industry Self-Regulation Adequate to Protect Consumer Privacy When Behavioural Advertisers Target Mobile Phones? – Part II. Computer Law and Security Review, 26(6), 595-612. doi:10.1016/j.clsr.2010.09.007
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  • 26
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