USA: NAI publishes new guidance and blog post on health-related ad targeting
The Network Advertising Initiative ('NAI') published, on 29 January 2020, new guidance ('the Guidance') and a blog post ('the Blog Post') on health-related ad targeting. In particular, the Guidance aims to provide clarity as to what types of modelled audience segments are considered non-sensitive by the NAI. Furthermore, the Guidance notes that members are not using sensitive information if they create an audience that is at least ten percent of the total targetable population, based only on demographic attributes such as age, gender, and education level, and which is labelled based on the demographic makeup of the audience. In addition, the Guidance states that members using or creating audience segments that do not meet the NAI benchmarks must consult the definition of sensitive information in the NAI Code of Conduct ('the Code'), as well as the additional information provided in the Code, in order to determine whether they require user opt-in consent.
Lastly, the Guidance reminds all NAI members engaged in health-related advertising to comply with the transparency requirements of the Code, and to provide full public disclosure of all audience segments used for tailoring health-related advertising, and a representative sample of 'custom' audience segments used for the same purposes.