As of this writing, the American Data Privacy and Protection Act (ADPPA) is being considered in congress and it has bipartisan support.  Essentially, it would regulate how organizations keep and use consumer data. Much of today’s podcast research was taken directly from Wikipediaand the bill itself.

I invite everyone to read up on it for themselves in case there’s something specific that we do not cover today.  As always, details of the final bill could be more or less involved once the bill is finalized, but we want you to be aware of how it might affect you in the future.

The ADPPA has several main principles: data minimization, individual ownership, and private right of action.  It says that anyone who collects data from the public would have to minimize the data they collect down to that which is "necessary, proportionate, and limited to" their purpose. If you’re giving away lunch for two at a local restaurant, there’s no need to ask for how many kids they have, their sex, income, etc.  Just get the minimum amount of information required.

Then, the entrant must know what you plan to do with the information they give you.  Think contest entries, newsletter subscriber information, text to win entries, listener club membership information, etc.  You can’t take those contest entries and automatically sign everyone up for your newsletter with those e-mail addresses or share that information with a sponsor.  You can do those things, but you must first clearly specify your intentions before the listener signs up.

In what situation would you not have to worry about any of this?  If you never take anyone’s personal information including contest submissions, newsletter signups, listener club membership, text to win entries, information gathered when downloading a mobile app, selling station swag online and receiving e-mail addresses, etc.  Basically, if you are collecting any listener information, you should be aware of the American Data Privacy and Protection Act as well as the other state privacy and protection acts.  And if you are doing any kind of business overseas, then be aware of the General Data Protection Regulation (GDPR) in the European Union.

With new privacy laws being put in place, you can expect some people out there to test the system so they can have a legal case against you.  Please reach out to your legal counsel for specific things to include on your station website so that you’re covered ahead of what’s to come.