Has the ICO Swung behind Opt-outs in Behavioural Advertising?
The debate about the protection of individual privacy on the Internet could be about to take a new twist with the apparent removal of a statement supporting an opt-in regime for online behavioural advertising (OBA) from the website of the Information Commissioner’s Office. Until recently, ICO has been very clear that advertisers wishing to use OBA platforms must operate on the basis of opt-in consent. However, recent developments – including the unannounced update to ICO’s Web site – have suggested a possible change of heart by ICO, indicating that it may now be prepared to allow advertisers to run OBA on an opt-out basis. The change to the ICO Web site was spotted by Osborne Clarke. They feel that this and other recent developments have suggested a softening in ICO’s attitude towards the consent requirements for OBA: IAB ‘Good Practice Principles: On 4 March, the Internet Advertising Bureau produced a set of OBA ‘Good Practice Principles, endorsed by Google and Microsoft and also by O