Banning Surveillance Advertising Act of 2022

Banning Surveillance Advertising Act of 2022

This bill restricts online advertising that targets an individual, internet-connected device, or group of individuals or devices based on personal information. Personal information includes information that is reasonably linkable to an individual or connected device such as internet browsing history or the content of communications.

The bill generally prohibits (1) online advertisers from using personal information, including personal information that identifies an individual as a member of a specified protected class, to target advertising; and (2) advertising facilitators (i.e., entities that receive compensation for disseminating online advertisements) from using personal information to disseminate targeted advertising or knowingly enabling online advertisers to do so.

The bill allows certain exceptions, including for advertisements disseminated based on (1) content with which an individual is engaging, such as search results, if the advertisement is displayed in close proximity to the individual's engagement with the content; or (2) a state, market area, or other geographic location associated with an individual. Furthermore, an advertising facilitator may use information provided by an advertiser or third party if that advertiser or third party also attests in writing that the information complies with the bill's requirements.

The bill provides for enforcement of these provisions by the Federal Trade Commission, states, and individuals.