January 26, 2022

Volume XII, Number 26

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January 25, 2022

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January 24, 2022

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Who's Right On Privacy?

Advertisers are constantly looking for new ways to obtain more information from and about online consumers in an effort to provide a more enriching and satisfying online experience for the consumer.  At the same time, consumers are becoming more and more knowledgeable about the online collection of their information and are finding new ways to prevent it. As technology evolves, advertisers are seeking to strike a balance between their business objectives and the rights and desires of the modern consumer.  What if an advertiser were able to collect weeks, or even months of personal data, including a consumer’s location, time zone, photographs, text from blogs, shopping cart contents, emails and a history of web pages visited, all without the consumer giving consent? Would the collection of such information merely provide for a significantly enriched user experience, or does it present a substantial invasion of privacy? The World Privacy Forum fears the latter, and along with various class action plaintiffs’ lawyers, points to the increasing use of HTML5 as a data collection vehicle as the source of grave concern.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume I, Number 252
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About this Author

Benjamin R. Mulcahy, Legal Specialist, Sheppard Mullin, Entertainment
Partner

Mr. Mulcahy is a partner in the Entertainment, Technology and Advertising Practice Group in the Century City and New York offices. He is also co-chair of the firm's Advertising Industry and Sports Industry Teams and a former member of the firm's Executive Committee.

Areas of Practice

As one of the founding members of Sheppard Mullin's Advertising Industry and Sports Industry Teams, Mr. Mulcahy represents several of the major film studios, broadcast and cable television networks, retailers, consumer brands and their agencies in all aspects of sports marketing...

212-332-3841
Gina Ilardi, Attorney, Sheppard Mullin, Entertainment Practice, Technology Lawyer
Associate

Gina Reif Ilardi is a partner in the Entertainment, Technology and Advertising Practice Group in the firm's New York and Century City offices.  

Areas of Practice

Ms. Ilardi counsels motion picture and television studios, major brands, prominent website operators, cable, broadcast and OOH networks and advertising and marketing agencies.  She helps clients structure their relationships with the various stakeholders and counterparties, and guides them through the ever-changing legal issues that affect how their advertising, marketing and promotional campaigns...

212-634-3031
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