Commentary

WPP AI Targeting Tech Complicates Proposed Privacy Bill

House Republicans introduced Wednesday a privacy bill draft that would override existing local laws in about 20 states, and would not require businesses to allow consumers to opt-out of certain forms of online ad targeting. Technology, however, will complicate this proposed bill.

H.R. 8413 -- the SECURE Data Act, created by a bipartisan group -- could end a confusing patchwork of regulations. While it creates one national standard, the bill introduces several legal and technical hurdles that would directly complicate brand ad targeting, including wasted ad spend.

If a large percentage of consumers exercise their right to opt out of ad targeting, brands lose the ability to use behavioral data like past browsing history to serve relevant ads.

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Artificial intelligence (AI) -- with its ability to predict future outcomes -- will take its place, either way, in my opinion.

AI is expected to resolve many ad-targeting and privacy issues. At least that is the industry’s bet -- even before this bill was introduced -- because the technology is being used for predictive modeling by analyzing billions of anonymous signals.

At Google Cloud Next, WPP announced integrated Earth AI models and datasets, using Google’s planetary-scale geospatial intelligence, directly into WPP Open, the company’s agentic marketing platform.

Earth AI models and datasets can allow WPP clients to anticipate consumer needs and understand in real-time how the physical environment factors such as variables as traffic, weather and neighborhood movement patterns shape consumer behavior and purchasing decisions.

Through its expanded partnership with Google, WPP brands can predict demand and automate marketing at a hyper-local level based on the real world. AI shifts ad targeting to proactive from passive by using the agency’s Open Intelligence platform through what the company calls a secure privacy-first data collaboration.

Client data remains protected while yielding a deeper, more accurate understanding of consumer needs and behaviors.

Innovation through AI will continue, it will just complicate the outcome of this bill. 

While the H.R. 8413, the SECURE Data Actl would help advertisers visualize existing compliance laws for national campaigns, it’s not the complete answer. There are about 20 enforceable state laws with more being added, each carrying their own definition or sharing or sale of personal data.

Since January 2026, at least Indiana, Kentucky, and Rhoad Island granted residents the right to opt-out of targeted advertising and data sales. Arkansas has a new privacy law scheduled to take effect on July 1, 2026. Connecticut, Oregon, and Utah are expected to update laws this year.

Advertising executives have been talking for years about the benefits of implementing a national standard. Now that it may become reality, opinions are being voiced.

“We welcome the introduction of comprehensive legislation that would establish a single national privacy standard, building upon state privacy frameworks,” the group stated through a release published by the U.S. Chamber of commerce.

Association of National Advertisers (ANA) representatives view the bill as "industry-friendly" legislation that would significantly streamline operations for advertisers.

Numerous privacy analysts believe that in addition to preempting years of state policy work, it would omit crucial protections for consumers.

One report suggests the bill would not live up to standards of “addressing the real-world consequences of weak data protections, particularly for people facing heightened risks.”

Eric Null, the director of a privacy and data program at the Center for Democracy and Technology, a nonprofit advocacy group, noted that past bipartisan bills -- such as the American Data Privacy and Protection Act and the American Privacy Rights Act -- better addressed privacy needs.

There is little question that AI targeting platforms developed with by companies such as Google and WPP will make this proposed bill more complex.

 

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