The US Lags Behind In Privacy Protection, But B2B Marketers Can Lead by Preparing for AI
Learn how B2B marketers can pave the way for robust and transparent data privacy protection processes ahead of federal privacy legislations in the US.
Karie Burt, CDO at Anteriad, explains the B2B marketer’s role in safeguarding data integrity and advancing ethical AI practices. She advocates for unified privacy regulations, collaboration with legal teams and executives, conducting data audits and implementing best practices in data privacy.
The US is lagging behind other countries in creating a cohesive federal privacy act that uniformly protects the rights of Data Subjects. According to the United Nations Conference on Trade and Development, 137 out of 194 countries have enacted Data and Privacy Legislation, which does not include the US. Compare this to the EU, which has the GDPR and China, which passed PIPL back in 2021.
With a vacuum at the federal level, states are stepping in, which creates complexity for any organization that operates regionally or nationally. We have seen a patchwork of states, 13 and counting, that have passed privacy protection laws and several more that have introduced bills at a State level.
Finally, it appears that concerns around AI could be the impetus to get comprehensive federal legislation across the finish line. Members of the US Congress have a heightened awareness of the impact of AI on data privacy. Though they haven’t taken action to date, the pressure is mounting. The EU recently passed specific laws to protect people against the dangers of AI and have also addressed the Digital Economy as part of their European Data Strategy Package to level the playing field and essentially put a stop to US domination of the Digital Landscape in the EU.
Somewhat randomly, President Biden issued an executive order to protect Americans’ sensitive personal data from exploitation by countries of concern. In short, the order seeks to mitigate national security risk by preventing companies from selling, sharing, or transferring sensitive data on Americans to unnamed countries of concern, which the New York Times reports are China, Russia, Iran, North Korea, Cuba, and Venezuela.
It seems that this is more about national security and counterintelligence than it is about protecting consumers’ data. But the national security angle is a new one and could inspire federal privacy legislation that is more far-reaching than this executive order.
B2B marketers can’t be passive observers of data privacy regulation. As AI becomes a bigger part of the business world, marketers will find themselves on the front lines, relying heavily on data and AI as the foundation of their work. This means that B2B marketers have an obligation to follow best practices and an opportunity to become leaders in the US.
See More: Why Data Privacy and Customer Experience Are Not at Opposite Ends
Putting Data Privacy First
B2B marketers should be vocal with company executives that a single federally mandated framework would be far superior to a collection of varying state laws. Ideally, marketers can work with their legal teams and C-Suite to create a campaign to push their representatives to prioritize data privacy regulation that streamlines the process for businesses, including marketers.
Rachel Wright, policy analyst at CSG, notes that good privacy regulation includes the following:
- Collaboration
- Protection from Unsafe Systems
- Data Privacy
- Transparency
- Protection from Discrimination
- Accountability
These different facets of data privacy regulation show just how complex it is to manage the effects of AI – and one set of rules to manage it would help the US stay competitive. Companies need to be collaborative to ensure that they understand how AI uses different data sources.
For example, The New York Times is suing OpenAI for what they consider unfair use of their content to feed and train AI algorithms. Companies must be confident that the data used in AI is legal and fair. Companies also need to ensure their businesses aren’t hurt by AI and that the use of data follows data privacy and transparency best practices, for example, ensuring data is encrypted and that no output from an AI system exposes PII. Companies need to be protected from AI that may inadvertently use data in a way that is biased, making incorrect assumptions about a group of people or denying people access to services.
Getting Started With Data Privacy Best Practices
Even before the US passes a federal law, B2B marketers should do a thorough review of their own practices and ensure that they’re following global best practices. Not only do many companies do business in the EU and China, but companies in the US will actually be more competitive if they focus on data privacy and protection.
B2B marketers can work with their data and IT teams to audit the data used in their organization and understand how AI comes into play. With AI becoming a bigger part of the workplace, companies need to create an active privacy-first culture.
It’s valuable to put together a privacy team with stakeholders across each group that uses AI and data. The team should look at all of the aspects of data privacy best practices and use these to create a data charter. The goal of the charter is to guide decisions and actions on a daily basis — from how data is stored and used to selecting and managing AI technology partnerships.
For example, many B2B marketers are using AI for chatbots on their websites, a technology installed by a third-party vendor. B2B marketers should ensure that the data that drives the conversations and the insight that comes from the interaction is in line with their own data privacy policies and best practices. In another example, B2B marketers are starting to use AI to create predictive models to drive lead generation and audience segmentation. They need to make sure that those models aren’t inadvertently discriminatory or biased.
Staying Ahead of AI
AI is making innovation happen faster and faster. Technologies can evolve more quickly than ever before, and data feeds into algorithms that make smarter decisions that can drive companies forward. All of this is exciting, but moving too fast comes with risks. B2B marketers must bake in robust and transparent data privacy processes that ensure the safety and security of the data that underpins all of this new AI. Transparency and respect for Data Subjects’ rights must be at the forefront, regardless of whether AI is being employed by B2B marketers.
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