Lessons From Fair Lending Law For Fair Marketing and Big Data. Peter Swire, Nancy J. & Lawrence P. Huang Professor of Law and Ethics, Georgia Institute of Technology. Senior Fellow, Future of Privacy Forum. September 11, 2014.

“This White Paper is submitted in connection with Peter Swire’s participation at the Federal Trade Commission’s September 15, 2014 event on “Big Data: A Tool for
Inclusion or Exclusion?” Issues of potential discrimination in online marketing have recently attracted increasing attention, notably in the April 2014 White House Report on Big Data and Privacy. To  date, however, the public debate has not included a systematic analysis of the closest legal precedents – fair lending law under the Equal Credit Opportunity Act (ECOA) and  other statutes. This White Paper, drawing on my previous scholarship in the fair lending area, explains lessons from fair lending law for what I call “fair marketing” the application of anti-discrimination and fair lending principles to online advertising and the  Big Data analytics that support much of online advertising.”