Where Data Privacy Meets Marketing Performance

The Guest

Heidi Saas is a data privacy and technology attorney, focused on consumer rights and ethical AI. Since getting her JD from Suffolk University Law, Heidi has been advising businesses in a wide variety of industries on data privacy, consumer protection, and ethical AI strategies. When she’s not firing off hot legal takes on LinkedIn, Heidi is helping her clients make sense of the data landscape and she’s here to do the same for us!

Data Privacy Isn’t a Barrier, It’s an Opportunity

Marketers often view data privacy as a compliance burden, but Heidi flips the script: “This is an opportunity to build things that are better,” says Heidi. “You can open new revenue streams, and actually have the data to prove what’s happening.” 

The adtech industry  is reckoning with consumer backlash and regulatory scrutiny about how personal data is used. Heidi points out that consumers are increasingly unhappy about misuse of data, and they’re starting to take it out on brands.

The problem stems from how people’s data has been treated—as just another business asset. “These systems were built to process human data without respect for dignity,” she explains. But the tides are turning, and brands that prioritize transparency and respect for user privacy will be better positioned for long-term success.

The Shift from Vanity Metrics to Ground Truth

Heidi emphasizes that many marketing campaigns rely on "vanity metrics"—numbers that look impressive but fail to provide actionable insights or measure true effectiveness. “You’re firing off ad campaigns and thinking everything’s great, but nobody can prove it. It’s all magic,” she says. This illusion is starting to crack as regulators demand greater accountability, and as Heidi notes, “Hot shame and lots of cash” are driving change.

Her advice? Marketers need to embrace the concept of “ground truth,” uncovering what’s really happening in their ad supply chains. This means working with technologists, digging into the tech stack, understanding data flows, and holding vendors accountable.

Privacy Laws: Europe VS. U.S.

The EU’s General Data Protection Regulation (GDPR) set a global standard for privacy, employing a risk-based approach that holds companies accountable for how they use AI and other technologies. By contrast, the U.S. remains fragmented, with California’s Consumer Privacy Act (CCPA) standing out as a notable exception. “In the U.S., we’re basically saying, ‘We’re making money here, and that’s all we’re doing for now,’” Heidi notes wryly.

The lack of federal privacy laws in the U.S. can be tied to political realities. As Heidi explains, “Congress uses the same adtech ecosystem to raise campaign dollars, so any changes to that system feels like cutting their legs off at the knees.”

Hug Your Technologists

Heidi’s top piece of advice for marketers is simple: “Hug your technologists.” Engineers and data scientists are the ones who truly understand how data flows through systems, and they can uncover inefficiencies, risks, and opportunities. “The technologists know what’s really happening,” she says. “If you don’t have them in-house, bring in consultants who can find the ground truth.”

This collaborative approach is key to building systems that are not only compliant but also sustainable and profitable. By addressing privacy concerns proactively, brands can gain consumer trust—a valuable currency in today’s market.

Avoid the "Wild West" of AI Misuse

As AI becomes increasingly integrated into marketing strategies, Heidi warns against using it recklessly, particularly in sensitive areas like employment, housing, and education. 

“Predictive analytics don’t work when it comes to human behaviors and emotions,” she says, citing the flawed training data that can underpin some AI models.

Marketers should focus on using AI responsibly, ensuring that they’re not perpetuating bias or infringing on consumer rights.

Why Data Privacy is the Future of Marketing

The marketing industry is at a crossroads. Brands that continue to rely on outdated, opaque practices will face increasing scrutiny, not just from regulators but from consumers themselves. As Heidi aptly puts it, “You need to build for where you’re going, not where you are.”

By embracing transparency, cleaning up their tech stacks, and collaborating with technologists, marketers can turn privacy into a competitive advantage. “If you have a good product or service, the money will come—as long as you handle data diligence and stop getting ripped off,” she says.

Heidi’s final word to marketers? “Consumers know BS when they see it. If you say their privacy matters, you better mean it.”

Key Takeaways

Turn Privacy into a Competitive Advantage
Ethical data practices are not just compliance measures—they’re opportunities to build trust, attract clients, and unlock new revenue streams.

Ditch Vanity Metrics
Focus on actionable insights by analyzing the true effectiveness of campaigns and cleaning up your tech stack to eliminate inefficiencies.

Embrace Collaboration with Technologists
Engineers and data scientists are critical for understanding data flows, ensuring compliance, and uncovering hidden risks and opportunities in your ad tech ecosystem.

Stay Ahead of Privacy Regulations
With growing scrutiny, preparing now by adopting privacy-first strategies will help avoid costly compliance and legal issues.

Consumers Demand Transparency
Building campaigns that prioritize privacy and transparency strengthens client trust, protects brand reputations, and ensures long-term success.

The Links

Heidi on LinkedIn 
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