by Josh Walsh, Co-Founder & CEO, BranchLab
A recent Harvard Law publication warns that Washington’s My Health My Data Act (WMHMD) could disrupt widely used advertising techniques. It’s right. And now, New York is following suit with its proposed S929, reinforcing a growing legislative trend: the era of linking health data to advertising IDs is ending. Some might label these measures as restrictive; in reality, they are necessary and timely.
A Cultural Shift in Advertising
Legislation like WMHMD and New York’s S929 underscore that certain data is too sensitive to commodify. It’s a call for advertisers, publishers, and tech providers to adopt ethical practices.
For years, advertisers have leaned on pseudonymized health data, asserting its anonymity. That era is ending. Trust is now imperative, urging the industry to innovate and prioritize privacy in advertising. Personalization and privacy can coexist.
This isn’t merely about compliance; it’s about seizing opportunities. Moving beyond outdated tracking methods allows the development of privacy-centric tools that maintain effective targeting, so everyone wins.
Consumers Win: Privacy and Control
Health data is deeply personal. New regulations empower consumers, granting explicit control over their data usage. Instead of passive tracking, individuals gain agency over their digital privacy, restoring trust in a skeptical industry.
Advertisers Win: Aligning with Consumer Expectations
Embracing privacy-conscious advertising isn’t a hindrance; it’s a strategic advantage. Consumers demand transparency, and regulations like WMHMD and S929 provide clear guidelines for ethical marketing. This isn’t the end of targeted health advertising – it’s a chance to redefine it, building trust rather than exploiting vulnerabilities.
Publishers Win: A Path to Sustainable Revenue
Publishers have grappled with advertising ID matching amid evolving privacy laws. As compliance risks escalate, major platforms are ceasing health-related ad targeting in multiple states, leading to revenue losses and fragmented strategies.
However, embracing privacy laws opens new avenues. By adapting, publishers can develop compliant, scalable, and ethical advertising solutions, rebuilding trust with both consumers and advertisers.
The Future: Ethical, Effective, and Privacy-First
The practice of linking health data to advertising IDs is concluding, and that’s beneficial. For consumers, it ensures privacy and control. For advertisers and publishers, it offers a clear path to ethical, sustainable, and effective marketing. The future of advertising lies not in exploiting health data, but in earning trust.