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What’s up everyone, today we have the pleasure of sitting down with Siobhan Solberg, data privacy consultant and advisor.

Summary: Siobhan takes on a behind-the-scenes look at the hidden mechanics of data privacy, ethical marketing practices, and effective data management. Marketers often overlook the importance of data privacy, but the increase in data breaches shows that people do care about their data. To address this, marketers should experience tools from the customer’s perspective, implement regular data reviews, and foster collaboration between marketing and compliance teams. By breaking down the user journey into way less phases, they can attribute value more effectively while minimizing data collection. Focusing on key metrics and regularly auditing for dark patterns will enhance user experience without deception. Prioritizing ethical practices and transparency builds trust and leads to more informed decisions and stronger customer relationships.

Jump to a Section

• Why Marketers Must Rethink Privacy and Ethical Practices
• Why Companies Must Embrace Data Minimization
• Integrating Data and Privacy Strategies
• Balancing Attribution and Data Minimization
• Rethinking Measurement in Marketing
• Navigating Dark Opt-in Patterns in Marketing
• What AI Enthusiasts Don’t Want You to Know About Ethical Dilemmas

About Siobhan

• Siobhan started her career as a classical musician in NY where she had various teaching roles, specializing in violin and viola
• Siobhan later moved abroad and pivoted to a content role at a media agency where she would spend almost 4 years working her way up to CRO Manager and later Head of BI & Optimization and finally CMO
• She completed her Certified Information Privacy Manager and joined an accelerator program
• On the back of this experience, Siobhan founded Raze a niche agency specializing solely in the measurement and optimisation of marketing data – which she ran for 5 successful years
• She’s also the co-host of Marketing Unfucked, a podcast about all things data, ethics and privacy for marketing 
• She’s currently studying towards an Advanced Masters of Laws in Privacy, Cybersecurity and Data Management
• Today she’s working as a data privacy consultant and advisor to tech startups who want to get it right from the start

Privacy Regulations and Ethical Data Management in Marketing

Privacy Concerns and Cultural Differences in Data Handling

Siobhan dives straight into the issue of privacy and its varying levels of importance across different regions. She highlights a stark contrast between the United States and the European Union regarding privacy regulations and cultural attitudes. In the US, the adoption of stringent privacy measures lags significantly, partly due to cultural differences and the absence of comprehensive regulations. This has allowed some companies to exploit these gaps by selling data products that would be deemed illegal in many other parts of the world.

When asked about the prevalence of tools that exploit privacy laws and whether people genuinely care about their personal data being resold, Siobhan points out an interesting dichotomy. She references studies, particularly from the Netherlands, showing that while many people claim to care about privacy, their actions often tell a different story. There is a significant gap between expressing concern for privacy and taking concrete steps to protect it.

Siobhan believes that at a deeper level, everyone does care about their privacy. She mentions the common justification of having “nothing to hide” as a coping mechanism for the lack of control individuals feel over their personal data. This helplessness leads many to adopt a nonchalant attitude towards privacy. However, as incidents of data misuse and the ramifications of lost privacy become more apparent, even those previously indifferent are beginning to take notice.

In the European Union, the implementation of strict privacy regulations has fostered a culture of awareness and proactive measures. This early adoption has forced companies and individuals to prioritize privacy. Conversely, in the US, the conversation is only now gaining momentum, driven by emerging state regulations and the increasing misuse of personal data through advanced technologies like AI. This growing awareness is slowly shifting the cultural landscape towards a more privacy-conscious mindset.

Key takeaway: Challenge the notion that people don’t care about privacy. Actively take steps to protect your data and demand transparency from companies, as the growing awareness and incidents of data misuse show that everyone values their privacy more than they might admit.

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Why Marketers Must Rethink Privacy and Ethical Practices

Siobhan gets straight to the heart of ethical marketing. Marketers often face the challenge of using tools that skirt privacy laws. The advice she offers is simple: put yourself in the customer’s shoes. She believes this empathetic approach is crucial. It’s a lesson we teach kids about bullying—how would you feel if it happened to you? Marketers should apply the same principle to their practices.

When asked about using questionable tools, Siobhan emphasizes the need to consider personal feelings. How would you feel if your email was shared without consent? Or if your personal information was used to cold email you? Most people wouldn’t appreciate it. Marketers need to step back and think about the human impact of their actions.

Siobhan points out a fascinating contradiction: many marketers use ad blockers themselves. They don’t want to see ads, yet they’re creating them for others. This highlights a disconnect. By putting themselves in the recipient’s shoes, marketers can make more ethical decisions. This approach doesn’t just make legal sense—it’s about making the right choice morally.

Cultural differences also play a role. Siobhan recalls a trip to Korea, where CCTV cameras are ubiquitous. What’s normal there might feel invasive elsewhere. Marketers must consider these cultural nuances. By understanding the context, they can make choices that respect privacy across different regions. The goal is to balance legality and ethics, making marketing more humane.

Key takeaway: Evaluate your marketing tools by experiencing them as a customer first. Before deploying any tool, use it on yourself to understand the privacy implications and emotional impact. This practice helps you make more ethical and customer-friendly decisions.

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Avoiding Creepy Data Practices in Personalized Marketing

Marketers often face the challenge of balancing necessary data tracking with personalization without crossing into creepy territory. Siobhan addresses this by acknowledging the delicate nature of data collection. Marketers need data to do their jobs effectively, but they must avoid overstepping boundaries. She recalls her time in measurement and technical marketing, describing it as a playground where data was plentiful, and the possibilities were endless. However, she emphasizes that what was once fun and innovative can now be seen as invasive.

When asked about maintaining this balance, Siobhan suggests that marketers must be mindful of consent. If a user willingly shares their data and understands the implications, marketers should feel free to use it. However, it’s crucial to ensure that the user is genuinely aware of what they are agreeing to. The key is transparency and clear communication about data usage.

Siobhan also highlights the importance of being selective with data. Instead of collecting everything just in case, marketers should focus on the data they will actually use. This approach not only respects user privacy but also makes data management more efficient. Aggregated data can provide valuable insights without compromising individual privacy.

Finally, Siobhan acknowledges that balancing ethical considerations with business needs is not easy. Marketers must navigate regulations and user expectations while striving to achieve their goals. The challenge lies in finding creative solutions that respect privacy and deliver personalized experiences.

Key takeaway: Implement a quarterly data review process where you assess the relevance of the data you collect. Use this time to delete any data that hasn’t been utilized, ensuring you maintain only what is necessary and consented to. This practice keeps your data collection ethical and efficient.

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Data Minimization and Privacy Strategies in Marketing

Why Companies Must Embrace Data Minimization

Tech companies often track vast amounts of data, storing it with little thought to current or future needs. Siobhan addresses the challenge of balancing immediate data needs with long-term planning. She emphasizes that a good data strategy is key to managing this balance. Rather than hoarding data just in case, companies should be strategic, collecting only what they need while considering future requirements.

When asked for advice on this balance, Siobhan stresses the importance of having a clear data strategy. She explains that if you know your future goals, you can justify collecting certain data now, even if it’s not immediately necessary. This approach prevents the laziness of hoarding data without purpose. It’s about foresight and planning, ensuring that the data collected serves a defined future use.

Legal considerations also play a role. Companies must have a reason for collecting data and keep it accurate. This requirement adds complexity but also enforces discipline. Siobhan notes that companies need to be transparent about their data collection purposes. By doing so, they align with legal standards and ethical practices, while still gathering data that will be useful down the line.

Building a robust data strategy involves thinking ahead and aligning with business goals. Siobhan advises against simply discarding all data without a plan. Instead, she encourages companies to develop strategies that anticipate future needs. This proactive approach puts companies in a better position, avoiding the pitfalls of being unprepared as regulations evolve and markets expand.

Key takeaway: Create a shared digital workspace where marketing and compliance teams can collaborate asynchronously to review and update data collection practices. This approach keeps your strategy aligned with business goals and regulations while minimizing the need for constant meetings.

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Integrating Data and Privacy Strategies

Understanding how data and privacy strategies fit into the broader business strategy is essential. Siobhan explains that the business strategy is the overarching framework. Everything, including data and privacy strategies, should align with it. While the data strategy must consider privacy, it doesn’t necessarily take precedence over the privacy strategy. Both need to work in tandem to support business objectives effectively.

When asked to unpack these concepts, Siobhan emphasizes that a good data strategy inherently includes data protection. When building a strategy, teams must consider regulations and compliance requirements from the start. This ensures that the strategy is both practical and legally sound. Working closely with data protection officers or privacy experts helps integrate these considerations seamlessly into the data strategy.

Siobhan stresses the importance of not creating strategies in isolation. A disjointed approach where business, data, and privacy strategies operate independently leads to inefficiencies and potential legal issues. Instead, these strategies should be interconnected. For example, understanding the legal requirements for data retention influences how long data is kept and for what purposes it can be used. This integrated approach ensures that all strategies work towards common business goals.

The practical steps include collaborating with various teams early in the strategy development process. Siobhan advises involving legal and compliance officers from the beginning. Their input helps shape a robust data strategy that meets both business and regulatory needs. Additionally, having these conversations early can uncover innovative solutions and ideas that enhance the overall strategy.

Key takeaway: Develop a checklist for your data strategy that includes privacy and compliance steps. Collaborate with legal and compliance teams from the outset to systematically address each requirement, ensuring your approach is both legally sound and aligned with your broader business goals.

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Marketing Analytics and Privacy

Balancing Attribution and Data Minimization

Siobhan tackles the complex issue of balancing multi-touch attribution with data minimization and privacy. Marketers often feel the need to track as much data as possible to accurately report ROI and customer journeys. However, the growing importance of data protection challenges this approach. Siobhan acknowledges that achieving precise attribution is already difficult due to limitations like Safari and iPhone privacy settings, which restrict data collection.

When asked about this balance, Siobhan suggests a shift in mindset. Instead of aiming for perfect accuracy, marketers should focus on understanding general trends and flows. Proportional insights can still inform decisions without violating privacy. This approach requires a change in how marketers communicate with CEOs and stakeholders, emphasizing the limitations of current data tracking and the need for more flexible measurement techniques.

Siobhan recommends breaking down the user journey into smaller steps. By focusing on distinct phases—awareness, engagement, and conversion—marketers can attribute value more effectively without needing comprehensive tracking. This method reduces the risk of data loss and provides clearer insights into each stage of the customer journey. It also helps manage stakeholder expectations by offering a more detailed yet less data-intensive analysis.

For those struggling with stakeholder demands for historical comparisons, Siobhan advises honest communication about the limitations and changes in data collection practices. She suggests involving compliance officers and privacy experts in discussions with stakeholders to align on realistic measurement goals. Adjusting KPIs to reflect current capabilities and privacy standards ensures that marketing efforts remain compliant while still demonstrating value.

Key takeaway: Break down the user journey into smaller, distinct phases like awareness, engagement, and conversion. This allows you to attribute value more effectively with less data, reducing privacy risks and providing clearer insights. Collaborate with compliance officers to manage stakeholder expectations and align on realistic, privacy-compliant measurement goals.

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Rethinking Measurement in Marketing

Siobhan takes a straightforward approach to measurement in marketing. She believes that measuring everything isn’t necessary and can often lead to overwhelm without actionable insights. This perspective is refreshing, especially coming from someone with a strong background in measurement. Siobhan recently worked with a large museum transitioning to a new analytics stack. During this process, they questioned the necessity of certain data points. They ultimately stripped down their measurement system significantly, which not only reduced risk but also alleviated the burden on their business intelligence team.

When asked about brands like Wistia and Ahrefs, which focus on key metrics and often avoid extensive measurement, Siobhan’s response is supportive. She points out that it’s essential to measure what truly matters to your specific business. This approach prevents getting lost in vanity metrics and ensures that the data collected is directly actionable. For instance, some businesses might prioritize blog performance, while others might focus on ticket sales or donation tracking.

Siobhan emphasizes that while not measuring anything isn’t ideal, selective measurement can lead to clearer decision-making. By focusing on metrics that directly impact the business, stakeholders can make more informed choices. This shift from exhaustive data collection to targeted measurement allows for a more strategic approach to marketing analytics.

The key is to avoid getting bogged down by unnecessary data. Siobhan notes that the trend of measuring less but with more purpose is growing, even among large companies. This change reflects a broader understanding that quality trumps quantity when it comes to data. Businesses should prioritize metrics that provide meaningful insights and drive decision-making processes, rather than trying to measure everything.

Key takeaway: Identify and focus on a few key metrics that directly impact your business goals. Remember, less is more when it comes to KPIs; nobody reads a dashboard overloaded with too many numbers. Streamline your analytics by periodically reviewing and eliminating unnecessary data points, reducing the burden on your team and enhancing decision-making with clearer, more actionable insights.

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Navigating Dark Opt-in Patterns in Marketing

Siobhan brings a nuanced perspective to the conversation about dark patterns in marketing. When asked about this contentious issue, she acknowledges the fine line between using marketing psychology effectively and crossing into unethical territory. While marketing psychology can enhance user experience by making websites more intuitive, it becomes problematic when it manipulates users into actions they wouldn’t ordinarily take.

Siobhan explains that dark patterns involve malicious intent. These tactics aim to deceive users, tricking them into agreeing to something they might not fully understand or want. Examples include confirm shaming or making one choice significantly more prominent than another, such as highlighting a “Yes” option in bright colors while graying out the “No” option. These practices are designed to push users into decisions that benefit the company at the user’s expense.

When asked about distinguishing between dark patterns and legitimate marketing strategies, Siobhan advises marketers to consider the user’s awareness and intention. If users are clearly informed and understand what they are agreeing to, then using marketing psychology to guide their actions is fair. However, if the design hides information or makes opting out difficult, it crosses into dark pattern territory.

Siobhan’s approach is to balance ethical considerations with effective marketing practices. She encourages marketers to use their knowledge of psychology to enhance user experience without resorting to deception. By focusing on transparency and user consent, marketers can build trust while achieving their goals. This approach ensures that marketing tactics remain respectful and user-friendly.

Key takeaway: Regularly audit your website and marketing materials for dark patterns by putting yourself in the user’s shoes. Create a checklist to ensure all choices are clearly presented, with equal prominence given to opt-out options. Effective marketing should enhance user experience without resorting to deception. Ensure transparency and user consent to build trust while maintaining effective marketing strategies.

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What AI Enthusiasts Don’t Want You to Know About Ethical Dilemmas

When asked about the ethics of AI, Siobhan addresses both the excitement and the ethical dilemmas it presents. While AI’s potential in fields like medicine is impressive, she emphasizes that the broader narrative often overlooks serious ethical implications. The AI Act in the European Union attempts to balance innovation with regulation, but Siobhan believes it falls short, highlighting the difficulty in drawing clear lines between beneficial use and ethical misuse.

Siobhan is particularly concerned about the scraping of personal data from public websites. This practice can lead to significant privacy violations, as it involves collecting and using data in ways individuals never consented to. She points out that even if AI-generated information is inaccurate, it can still cause harm. False information associated with a person’s name can create misleading narratives, which can be just as damaging as real privacy breaches.

AI’s impact on artists and content creators is another area where Siobhan sees ethical issues. AI systems often train on vast amounts of data, including creative works, without proper attribution or compensation. This not only devalues the hard work of creators but also raises questions about intellectual property rights. Siobhan feels that this line has already been crossed, and it might be too late to revert to more ethical practices.

Siobhan elaborates on the challenges faced by regulators and companies. She acknowledges the difficulty in finding a middle ground where innovation can flourish without ethical compromises. She shares her discomfort with how some AI applications are already overstepping boundaries, noting that while synthetic data is proposed as a solution, it often falls short in practice. The need for vast amounts of data complicates the situation, making it hard to gather data ethically and legally.

Cultural differences in the reception of AI and innovation also play a role. Siobhan notes that the pushback against regulation is stronger in the United States than in the EU, where there’s more caution around innovation’s impacts. Despite the growing concerns raised by authors, artists, and other stakeholders, the debate remains polarized, with strong voices on both sides.

Key takeaway: To ethically leverage AI, implement a robust data consent protocol. Ensure you obtain explicit permission before using personal data, and regularly audit AI training datasets for proper attribution and compensation to creators. This proactive approach helps you navigate the ethical challenges of AI while respecting individual rights and intellectual property.

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The Secret to Happiness is Living in Greece

Siobhan’s approach to maintaining happiness and success in her career is both refreshing and practical. She emphasizes the importance of a strong support system and the value of working from home. Living in Greece, where the sun is almost always shining, also adds a positive element to her daily routine. Her home environment, complete with a garden, provides a peaceful backdrop for her work, contributing to her overall well-being.

When asked about balancing her numerous roles—as a solopreneur, data privacy consultant, writer, speaker, mother of canines, iron woman, and triathlete—Siobhan shares her key strategies. She highlights the significance of knowing when to work, study, and enjoy life. This clarity helps her stay focused and avoid the common pitfall of feeling guilty about taking time off. She believes in being present in whatever she is doing, whether it’s working, learning, or living her life.

Siobhan’s journey to finding this balance wasn’t immediate. It took her time to understand the importance of not beating herself up over skipped tasks or missed opportunities. This self-compassion has allowed her to stay motivated and content, even when juggling multiple responsibilities. By setting clear boundaries and prioritizing her well-being, she has managed to create a fulfilling and sustainable lifestyle.

In addition to her personal practices, Siobhan underscores the role of a supportive community. Whether it’s friends, family, or colleagues, having people who understand and support her ambitions makes a significant difference. This network not only provides practical help but also emotional support, which is crucial for maintaining a positive outlook and staying on track.

Key takeaway: Set specific boundaries for work and personal time by creating a dedicated workspace at home. This separation helps you stay focused during work hours and fully relax during personal time. Plus, if you live in sunny Greece with a garden, take advantage of the outdoors to recharge and stay inspired!

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Episode Recap

Marketers often assume that people don’t care about their data, but the rising number of data breaches and privacy violations tells a different story. People do care, perhaps more than they realize. Both consumers and marketers need to actively protect their data and insist on transparency from companies. Privacy is a universal concern even if you think “I have nothing to hide”.

To address these concerns, marketers need to rethink their ethical practices. Imagine experiencing your marketing tools from the customer’s perspective before deployment. No one wants to appear as ‘creepy’. This exercise helps you understand the privacy implications and emotional impact, leading to more ethical decisions. Alongside this, a quarterly data review can ensure you’re only collecting necessary and consented data, keeping your practices both ethical and efficient.

Collaboration is at the heart of corporate privacy strategies. By creating a shared digital workspace, marketing and compliance teams can review and update data collection practices continuously. This approach keeps your strategy aligned with business goals and regulations.

Data minimization and effective attribution can coexist. By breaking down the user journey into simple phases like awareness, engagement, and conversion, you can attribute value more precisely with less data. This method reduces privacy risks and provides clearer insights. 

Focusing only on a short list of key metrics and regularly reviewing and eliminating unnecessary data points, reduces the burden on your team and enhances decision-making. Regular audits of your website and marketing materials for dark patterns ensure you’re enhancing user experience without resorting to deceptive practices.

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Follow Siobhan👇

• LinkedIn
• Marketing Unfucked
• Personal site
• [Redacted] – A newsletter

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Intro music by Wowa via Unminus
Cover art created with Midjourney (check out how)

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