Privacy Ref Blog

Trump, Oliver, and Objection

Let me begin by saying that the following text is intentionally ridiculous. I want to illustrate a point recently made about the upcoming E-Privacy Regulation, specifically related to direct marketing.

Imagine one day, President Trump is in France for a summit to discuss some topic of relevance to the international community. He grabs a diet coke and heads over to his monitor to watch a stream of his favorite informative news on Fox & Friends. Little does he know that lying in wait for him is a piece of targeted marketing specifically aimed towards him.

John Oliver, the HBO host of Last Week Tonight, has purchased ad space for what he has referred to as the “Catheter Cowboy.” This ad was made to mock both the usual ads targeted at the perceived audience of Fox News, including their favorite viewer, Donald Trump.

The President sees this ad and is annoyed. He then reaches for his phone and begins to tweet.

Little @JohnOliver is a total loser and @FoxNews needs to stop showing his phony #FAKE ads. Sad!

Little do both parties know that the French Supervisory Authority is taking notes of this. Did Donald Trump, who at the time of this ad resided in the EU, just invoke his Article 21 rights to object to direct marketing? It sure looks like it. Is a TV ad direct marketing? It certainly appears that way.

Now let’s stop for a minute. The GDPR gives data subjects the absolute right to object to direct marketing. Invoking this right is absolute and marketing of this nature needs to stop immediately, per the language in the GDPR. That said, recent changes to the E-Privacy Regulation amend the definition of “Direct Marketing.” Now materials that are “sent or presented” are considered direct marketing. This means that an advertisement that was specifically targeted at a single person, shown on a billboard, poster, or television, would be considered direct marketing.

Back to our outlandish story.

At the HBO offices, a notice issued from the French Supervisory Authority arrives on the desk of John Oliver. He reads it and hastily calls the legal team. As he speaks to them, a wry smile crosses his face as he prepares a new segment for next week’s show.

As the cameras roll he welcomes his audience and begins his entry monologue. He notes how the President tweeted at him and made this request. He then reveals he has no intention of stopping because his ads, as silly and mocking as they are, were clearly meant for a U.S. audience, never intended to target or be shown in the EU, as such, he is out of scope for GDPR and the new regulation along with it.

As the show ends, he looks to his team and reminds them to pull the fake ads they made for Macron.

Privacy Ref provides consulting and assessment services to build and improve organizational privacy programs. For more information call Privacy Ref at (888) 470-1528 or email us at info@privacyref.com

Posted on February 12, 2018 by Ben Siegel


« »

No Responses

Comments are closed.


« »

Subscribe to our mailing list

Please fill out the form below.

Required

Want to find out more?

Simply go to the contact page, fill out the form, and someone from Privacy Ref will be in touch with you. You can also send an email to info@privacyref.com or call (888) 470-1528.

News

April 16, 2018

IAPP Training Classes
Privacy Ref is proud to announce that we are an official training partner of the IAPP. You now have the opportunity to learn from one of our knowledgeable privacy professionals using the most respected training content in the industry. The robust interactive training offered, aids in the understanding of critical privacy concepts. The contents of the courses are integral to obtaining your privacy certifications and to educate your new team. Learn more here.

Latest Blog Posts

June 4, 2018

My First Taste of GDPR
It is no secret that I am, for lack of a better term, a nerd. I am also a Privacy Consultant here at Privacy Ref, so I usually pride myself on knowing about privacy goings on in the world. However, for the first time I was bamboozled by changes to a privacy policy. Continue reading this post...

April 30, 2018

Defining GDPR for Non-Privacy People
During the IAPP’s most recent Privacy Summit, I was approached with an interesting question. “I am a privacy professional and I know why GDPR is important. I know about the fines and requirements for compliance, but few others at my company do. How do I explain GDPR to my colleagues effectively?” I responded with a quick and simple answer that probably did not cover all the bases, so I wanted to write up some deeper thoughts on the subject. Continue reading this post...

Other Recent Posts

PRIVACY REF