Cullen International’s new benchmark shows the restrictions, if any, that the surveyed countries in the Americas region apply to personal data gathering from the consumption of media content.

It also shows:

• If exemptions are permitted by law;
• the type of content to which the restrictions apply (if any); and
• the penalties applicable in case of breach of the rules.

Personal-data gathering from media consumption occurs through internet-connected "smart" TVs that can identify what is on the screen (whether it is streamed online or not), mobile devices and personal computers. These personal data facilitate, for instance, targeted advertising.

Each country in this study except the US, has a comprehensive personal data protection law in force that limits access to personal data gathered from users’ consumption of media content.

In the US, there is however a law that dates to the 1980s, which forbids associating media titles with personal data that would make a consumer identifiable. The law has evolved in the courts over the years to apply to many types of media (including video) consumption, in a limited way.

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