ANA Urges Strong Support for Federal Data Privacy Legislation

Calls on FTC to Systematically Evaluate the Effects of GDPR and CCPA on Consumers and Competition

WASHINGTON (June 27, 2019) – In written comments submitted today to the Federal Trade Commission (FTC), the Association of National Advertisers (ANA) calls for the Commission to support federal data privacy legislation that reflects the principles outlined by the Privacy for America coalition. ANA is a founding member of the Coalition. Among the principles supported by Privacy for America is the creation of a new Data Protection Bureau within the FTC and equipping the Commission with additional oversight capabilities and enforcement capacities. ANA further encouraged the FTC to carefully evaluate the impact of new and emerging privacy regulations in Europe and California on consumers and competition.

“ANA supports a strong nationwide privacy standard that will provide enhanced protections to consumers while preserving the benefits of the ad-supported economy and maintaining healthy business competition,” said Dan Jaffe, ANA Group EVP, Government Relations. Jaffe emphasized that “ANA believes a national privacy law should preempt inconsistent state laws, enhance the development of a competitive level playing field for marketers and other businesses, and assure consumers that their data will be used by business only for approved non-discriminatory purposes.”

Privacy for America is a coalition of industry trade associations and companies that supports enactment of federal legislation that will provide, for the very first time, broad-based privacy rules for the entire U.S. marketplace that protect consumers nationwide. The coalition advocates for an approach that will clearly define prohibited data practices that make personal data vulnerable to breach or misuse and preserve the benefits that come from responsible use of data. Legislation supported by Privacy for America would establish new prohibitions on certain harmful and unexpected data practices; create a new Data Protection Bureau within the FTC to strengthen privacy enforcement and oversight; grant enhanced rulemaking authority to the FTC; ensure responsible advertising practices; require strong data security protections; and authorize strict penalties for violations.

While advocating for a strong, preemptive federal data privacy law, ANA said a federal approach to data privacy should learn from existing, minimally-tested models such as Europe’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Jaffe stated “ANA encourages the FTC to critically evaluate the effects of the GDPR and CCPA through a research study carried out by its Bureaus of Economics and Competition and provide a public report of its findings. This report should include addressing the impacts of the regulations on small businesses, consolidation in the market, and the availability of free and varied content online, among other benefits and costs to consumers.”

The comments were submitted as part of the FTC’s request for final comments for the hearings on Competition and Consumer Protection in the 21st Century.

To learn more about ANA and the efforts of the marketing community to protect the responsible use of consumer data in the online marketplace, visit www.ana.net. To learn more about Privacy for America, visit privacyforamerica.com.

About the ANA:

The ANA (Association of National Advertisers) accelerates growth for marketing professionals, brands, and the entire industry. With a mission to shape the future of marketing, the ANA sets the agenda for the industry, connecting its members to unparalleled expertise, industry-leading resources, and an influential global network. Representing over 1,600 companies — including 1,000+ client-side marketers, 600 marketing solutions providers, and 20,000 brands — ANA members collectively influence $400 billion in annual marketing spending. By championing the 12-point ANA Growth Agenda and the CMO Growth Council, the ANA drives actionable change, empowers marketers, shapes the marketing ecosystem, and delivers exceptional experiences at every touchpoint. Since 1910, the ANA has been setting the agenda for industry transformation. It enables marketers to advance their ambitions, make better decisions, and create lasting impact for their organizations and the industry.