Parties and Necessary Business Uses
We appreciate all the hard work being put in by the W3C, the co-chairs, and all of the stakeholders participating within the Tracking Protection Working Group.  The ultimate objective is a standard that will be implemented by a significant portion of the ecosystem.  A standard that is not adopted does not benefit consumers and that is everyone’s objective – a practical, easy-to-use tool that will enhance consumers’ ability to express preferences about certain data collection and use.  In order to make that objective possible, the following proposal is put forward regarding exemptions as an attempt to introduce additional important aspects of the DAA Self-Regulatory Principles for Multi-site Data to the existing discussion on permitted data uses for necessary business activities when a user expressly turns on Do-Not-Track (DNT:1). 
Part I: Parties 

Definitions

A.	A party is any commercial, nonprofit, or governmental organization, a subsidiary or unit of such an organization, or a person. 
B.	For unique corporate entities to qualify as a common party with respect to this standard, those entities MUST be commonly owned and commonly controlled (Affiliates).
C.	A First Party is the party that owns the Web site or has control over the Web site the consumer visits. A First Party also includes the owner of a widget, search box or similar service with which a consumer interacts. 
a.	NOTE: If a user merely moused over, closed, or muted third-party content, that is not sufficient interaction
D.	A Third Party is any party other than a First Party or a user.

Rules

If a user has not granted an exception (via browser agent or out-of-band consent) AND if an activity is not allowed under Permitted Uses, THEN the following general party rules apply when a user expressly sets their tracking preference to DNT:1:

•	1st parties MAY collect and profile in the context of the 1st party experience.

•	3rd parties MUST NOT use data across multiple, non-affiliated websites.

NOTE:  Data collected by a 3rd party MUST be segregated according to the 1st party from which it was collected.  A 3rd party MUST NOT aggregate, correlate, or use together data that was collected on different 1st party sites.

•	3rd parties MUST NOT add collected data to a "profile" of a user.

•	3rd parties MUST NOT leverage previously collected transactional data to profile a user or to alter a user's experience. 

•	3rd parties MUST NOT attempt to personally identify a user.

•	A party MUST NOT share (send or receive) collected data or profiles with another party (unless that party is ONLY working on the behalf of that specific party – aka Service Provider relationship).

NOTE:  (Outside of DNT Context):  Data legitimately collected and received from a party MAY be combined with existing 1st party profile data.

•	A party MAY choose to remove any previously profiled data. 

•	All permitted data uses for necessary business activities apply in all cases.

•	User granted exceptions (through DNT standard or out-of-band) supersede these rules.

Part II: Permitted Data Uses for Necessary Business Activities when DNT:1

For all of these permitted uses, the complying entity must make reasonable data minimization efforts to ensure that only the data necessary for the permitted use be retained.  This is described under the draft heading "4.4 Usage-based Permitted Uses."  The option to designate that restriction was not provided by this template so the restriction on scope is highlighted here and then also applied as an "E" limitation below.  

1. Frequency Capping - Data MAY be collected and used for the limited purpose of frequency capping.  Restricting the number of times a user agent displays ads prevents a user from having to see repetitive ads, prevents publishers from displaying repetitive ads, and prevents advertisers from harming the reputation of their clients.   
		
•	Examples of important data uses include, but are not limited to:
• Reach and frequency metrics
• Ad performance
• Logging the number and type of advertisements served on a particular Web site(s).
(For additional details see DAA Self-Regulatory Principles for Multi-site Data:  Reporting)
	
	E. This particular use is allowed with reasonable data minimization efforts

2. Financial Logging - Data MAY be collected and used for the limited purpose of billing or product or service fulfillment.

Comment: Ad impressions and clicks (and sometimes conversions) events are tied to financial transactions.

	E. This particular use is allowed with reasonable data minimization efforts

3. 3rd Party Auditing - Data MAY be collected and used for the limited purpose of 3rd Party Auditing.  Online advertising is a billed event and there are concerns with accuracy in impression counting and quality of placement so 3rd party auditors provide an independent reporting service to advertisers and agencies so they can compare reporting for accuracy.

Comment: This data use serves an important business purpose in preventing fraud and reasonable data minimization efforts can insure privacy for users

	E. This particular use is allowed with reasonable data minimization efforts

4. Security - Data MAY be collected and used for the limited purpose of security.  Security data is any data reasonably necessary for enabling authentication/verification, providing fraud prevention, or bolstering security.

Comment: Restrictions on security efforts would certainly harm users.  We do no want to mistakenly turn the DNT:1 signal into a signal for user vulnerability.   
(For additional details see the DAA Self-Regulatory Principles for Multi-site Data: Authentication, Verification, Fraud Prevention and Security & Compliance, & Public Purpose and Consumer Safety)

	E. This particular use is allowed with reasonable data minimization efforts

5. Contextual Content or Ad Serving - Data MAY be collected and used for the limited purpose of contextual content or ad serving (examples: serving advertising or content based on the Web page content,  search query, time of day or general geographic location detected from current interaction only) as long as the data is used by a party with which the user interacts and is not collected and used for the purpose of advertising on Web sites of non-Affiliate parties.

Comment: Depending on the definition of tracking, defined in Section 3.7, this exemption may not need to be included because the serving of contextual ads will not be within the scope of the definition.   

	This particular use is allowed without qualification

6. Research / Market Analytics - Data MAY be collected and used for the limited purpose of research & market analytics as long as collection and use are limited in scope to the analysis of:
•	the characteristics of a market or group of consumers; or 
•	the performance of a product, service or feature, in order to improve existing products or services or to develop new products or services. 

Data used for this limited purpose is allowed with aggregation.  (For additional details see the DAA Self-Regulatory Principles for Multi-site Data: Market Research & Product Development)

D. This particular use is allowed with aggregation where the data may not be re-identified to market directly back to, or otherwise re-contact a specific computer or device.

7. Product Improvement, or, more narrowly, Debugging – Data MAY be collected and used for the limited purpose of product improvement.  This includes data used for the express purpose of product improvement related to debugging to specific events, devices, or site locations.

E. This particular use is allowed with reasonable data minimization efforts

8. Legal Compliance & Public Purpose: Data MAY be collected and used for the limited purpose of legal compliance and public purpose.  This includes, but is not limited to, intellectual property protection or using location data for emergency services.

E. This particular use is allowed with reasonable data minimization efforts

9. "Unlinkable" data – we believe this is already covered by general anonymization and aggregation approaches that are tied to a specific identifiable individual or device.

Proposed Definition: The FTC defines “linkable” as “consumer data that can be reasonably linked to a specific consumer, computer, or other device.” [Emphasis added]  This reflects a scaled approach rather than a bright line distinction for determining privacy protection.  Data is “unlinkable” if it goes through a de-identification process.  A de-identification process is sufficient when an entity has taken reasonable steps to ensure that the data cannot reasonably be re-associated or connected to an individual or connected to or be associated with a particular computer or device.  (For additional details see the DAA Self-Regulatory Principles for Multi-site Data: De-Identification Process Definition)