Data Brokers Caught Hiding Opt-Out Options from Search Engines

Data brokers have been hiding opt-out pages from search engines to evade privacy laws. US Senator Maggie Hassan's investigation found at least 35 brokers using robots.txt files to conceal their opt-out tools. Hassan is demanding explanations and a pledge to remove the code by September 3. This practice undermines consumer privacy rights and may be considered an illegal "dark pattern."

US Senator Maggie Hassan has launched an investigation into data brokers, alleging that at least 35 firms are using techniques to hide opt-out pages from search engines. This practice, which involves using robots.txt files to conceal opt-out tools, undermines consumer privacy rights and may be considered an illegal "dark pattern." Hassan is demanding explanations and a pledge to remove the code by September 3.

The investigation, conducted by The Markup/CalMatters and co-published by WIRED, found that data brokers such as IQVIA Digital, Comscore, Telesign Corporation, 6sense Insights, and Findem are using code designed to frustrate deletion requests. California law requires brokers to provide a way to delete personal data, but the investigation revealed that dozens of registered brokers are obscuring their opt-out tools by hiding them from Google and other search results.

Hassan wants the firms to justify the placement of their opt-out pages, acknowledge whether they used code to block search indexing and, if so, against how many users. She also seeks recent audit results and steps taken since the investigation to improve user access. "Data brokers and other online providers have a responsibility to prevent the misuse of consumer data, and Americans deserve to understand if and how their personal information is being used," Hassan wrote.

This practice highlights the growing concern over data privacy and the need for stronger regulations. Data brokers compile detailed personal information, often gathered without a person's knowledge or consent, and sell these profiles to various entities, including advertisers and law enforcement. The use of robots.txt files to hide opt-out tools is a clever work-around that may qualify as an illegal dark pattern, according to California's privacy regulator.

The investigation underscores the importance of transparency and consumer control over personal data. As data brokers continue to operate in the shadows, it is crucial for lawmakers and regulators to ensure that consumers have the tools and information necessary to protect their privacy.

References:
[1] https://www.wired.com/story/hassan-data-broker-opt-out-letter/
[2] https://finance.yahoo.com/news/north-america-application-firewall-market-115200403.html