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Re: Issue 115, exemptions, best practices: Issue 25 and 34

From: Alan Chapell <achapell@chapellassociates.com>
Date: Mon, 13 Feb 2012 09:54:05 -0500
To: Jeffrey Chester <jeff@democraticmedia.org>, Kathy Joe <K.Joe@esomar.org>
CC: Jules Polonetsky <julespol@futureofprivacy.org>, "public-tracking@w3.org" <public-tracking@w3.org>, "'adam.phillips@realresearch.co.uk'" <adam.phillips@realresearch.co.uk>
Message-ID: <CB5E86E7.13EC2%achapell@chapellassociates.com>
Jeff -

I'm concerned that you're attempting to set a granular, world-wide standard
for disclosures ­ which may conflict with local law, and create another
layer of legal and technical hurdles for small to mid-sized publishers ---
most of whom are already in compliance with local consumer protection law.
And it would seem to me that a world-wide analysis of how these new rules
work across jurisdictions would be a pretty significant undertaking on our
end.

Why not simply state that sites seeking exemptions should communicate those
requests clearly and in line with consumer protection law(s) in the
jurisdiction(s) in which they operate?


Cheers,

Alan Chapell
Chapell & Associates
917 318 8440


From:  Jeffrey Chester <jeff@democraticmedia.org>
Date:  Mon, 13 Feb 2012 09:12:52 -0500
To:  Kathy Joe <K.Joe@esomar.org>
Cc:  Jules Polonetsky <julespol@futureofprivacy.org>, Alan Chapell
<achapell@chapellassociates.com>, "public-tracking@w3.org"
<public-tracking@w3.org>, "'adam.phillips@realresearch.co.uk'"
<adam.phillips@realresearch.co.uk>
Subject:  Re: Issue 115, exemptions, best practices: Issue 25 and 34
Resent-From:  <public-tracking@w3.org>
Resent-Date:  Mon, 13 Feb 2012 14:13:46 +0000

For any site seeking an exemption, it should be required to explain clearly
upfront how the data is to be collected and used.  This isn't the privacy
policy, which few people read and generally fails to explain what goes on.
When a user has DNT:1 on, the bar for the exemption process should be
reasonably higher in terms of candid disclosure.  If the research community
can live with such candor, given what ever rules are applied by W3C, that's
fine.  

Happy to discuss this issue further.  I understand the need to use panels,
etc., but we should establish a clear digital bright line for the exemption
process.





> Hi Jeffrey,
>  
> The conditions on best practice for sites to manage exemptions include: A site
> should not use a special landing page that has been designed principally to
> convert a user to agree to permit an exemption. ŠA site should not offer
> rewards and incentives for a user to approve of an exemption.
>  
> We appreciate what you are aiming to do but a blanket ban would harm research
> and make it impossible to ask people to take part in surveys as research
> panels offer respondents small incentives to participate in research.
>  
> In our text for Issue 25 and 34 (see below), we outline how site users might
> be recruited to a research panel and agree to participate in research that
> could gather site specific or cross site data. The research site explains what
> information would be collected, the purpose of the research and provides a
> mechanism for the user to give their consent. If panel members elect to be
> tracked, it is with their consent as part of their agreement with the research
> organisation. They can opt-out at any time.
>  
> If a user agrees to the terms of participation having received transparent
> information in the siteıs privacy policy they would be compensated for their
> time and effort with small incentives such as a chance to participate in a
> prize draw.
>  
> Best regards
>  
> Kathy Joe
>  
> Issue 25: Possible exemption for research purposes covered by conditions for
> outsourcing and issue 34: Exemption for aggregated data
> An exemption for research purposes is not required as this is covered under
> conditions for outsourcing 3.6.1.2.1 where userıs consent is required for
> cross-site tracking or issue 34, exemption for aggregated data.
>  
> Description: The first party site has an agreement with a research company to
> serve an invitation to a user as a result of something they have done on the
> site, eg visited a travel section. The user has a first party relationship
> with the site. 
>  
> Suggestion: Site usersı individualised data can be collected with permission,
> the use of the data cannot be applied in an interactive way and no products or
> services are offered to respondents on the basis of their individual
> responses. The researcher and sponsor use the information gathered strictly
> for research purposes. Researchers aggregate research data and when reported,
> the data is de-identified and cannot be linked to a specific user, computer or
> device. Any disclosures of identifiable research data must be used strictly
> for research purposes and with respondent consent.
>  
> If the respondent consents to be tracked, the data that is shared with the
> client is anonymised and aggregated in such a way that no discernable patterns
> can be attributed to a single individual.
>  
> Online surveys are usually interactive with the site user indicating their
> consent (YES) and not filling them (or pressing the "no" button) is equivalent
> to NO (meaningful interaction). Ie explicit yes or no.
>  
> Example and use cases: A site user is browsing a site. If they fulfil certain
> criteria, they may be served a pop up invitation which they may choose to
> click through to accept in which case the research company would then become
> the first party. The research company may ask to be granted an exception,
> site-specific or cross-site. The data collected would be aggregated in the
> results as the research company is not interested in identifying that
> particular person.
>  
> Opt back in for panel members who have DNT - see 4.3.1: how should a tracking
> reference interact with user over-rides of the tracking compliance, Issue 27:
> How should the ³opt-back in² mechanism be designed?
> Description: Research panel member eg Suppress DNT because there is a
> contractual agreement with the user (ie users have a pre-existing agreement to
> be tracked)
> Panel Members are individual users that have expressed the desire to be part
> of a research study and/or group as part of a behavioral tracking research
> program which would need to over-ride the DNT standard. We introduce this to
> distinguish it from a site-specific exemption which may represent a
> desire/preference whereas a panel member relationship represents a contractual
> obligation with the research organization that may cover different domains.
>  
>  
>  
> 
> Kathy Joe
> Professional Standards & Public Affairs Director
> <image002.jpg>
>  
> Eurocenter 2, 11th floor
> Barbara Strozzilaan 384
> 1083 HN Amsterdam
> The Netherlands
> Tel: +31 20 664 2141
> Fax: +31 20 664 2922
> www.esomar.org <http://www.esomar.org/>
> 
> 
> 
>  
> 
> 
> From: Jeffrey Chester [mailto:jeff@democraticmedia.org]
> Sent: 09 February 2012 01:41
> To: Jules Polonetsky
> Cc: 'Alan Chapell'; public-tracking@w3.org
> Subject: Re: Issue 115, exemptions, best practices
>  
> It's a panel, which is distinct from user impact/expectations.  That is
> covered by research issue.
> 
>  
> 
>  
> 
> On Feb 8, 2012, at 6:24 PM, Jules Polonetsky wrote:
> 
> 
> Here is a current example of users being paid for tracking
> 
>  
> 
> http://www.huffingtonpost.com/2012/02/08/google-screenwise-project_n_1263128.h
> tml?ref=tw
> 
>  
> 
> From: Alan Chapell [mailto:achapell@chapellassociates.com]
> Sent: Wednesday, February 08, 2012 3:59 PM
> To: Jeffrey Chester
> Cc: public-tracking@w3.org (public-tracking@w3.org)
> Subject: Re: Issue 115, exemptions, best practices
> 
>  
> 
> Jeff -
> 
>  
> 
> If we're starting with the premise that any attempt to get a User to agree to
> an exemption is undermining User intent, we're going to have trouble finding
> common ground. Are there ANY mechanisms for providing a reward for the User's
> agreement to an exemption that are acceptable to you? What about providing
> additional free content in exchange for an exemption? Is that ok?
> 
>  
> 
>  
> 
> Cheers,
> 
>  
> 
> Alan Chapell
> 
> Chapell & Associates
> 
> 917 318 8440
> 
>  
> 
>  
> 
> From: Jeffrey Chester <jeff@democraticmedia.org>
> Date: Wed, 08 Feb 2012 15:50:09 -0500
> To: Alan Chapell <achapell@chapellassociates.com>
> Cc: "public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org>
> Subject: Re: Issue 115, exemptions, best practices
> 
>  
> 
> Alan:  As you know, online marketing practices are designed to process users
> to agree to opt-in and data practices.  What I wrote below are just a few of
> the practices used by the leading co's and many others.  If a users decision
> on DNT is not to be undermined, we must ensure that practices are incorporated
> the permit fair user choice.
> 
>  
> 
>  
> 
>  
> 
>  
> 
> Jeffrey Chester
> 
> Center for Digital Democracy
> 
> 1621 Connecticut Ave, NW, Suite 550
> 
> Washington, DC 20009
> 
> www.democraticmedia.org <http://www.democraticmedia.org/>
> 
> www.digitalads.org <http://www.digitalads.org/>
> 
> 202-986-2220
> 
>  
> 
> On Feb 8, 2012, at 3:23 PM, Alan Chapell wrote:
> 
> 
> 
> 
> Jeff ­ In looking at what you've provided here, I'm a bit concerned that you
> are dictating the terms that a website has with its visitors. Can you share
> the rationale for each of these ­ and specifically, what you are trying to
> guard against?
> 
>  
> 
> Alternatively, I'm happy to have a one-off discussion on this topic on Friday
> early AM with Ninja and Jim.
> 
>  
> 
>  
> 
> Cheers,
> 
>  
> 
> Alan Chapell
> 
> Chapell & Associates
> 
> 917 318 8440
> 
>  
> 
>  
> 
> From: Jeffrey Chester <jeff@democraticmedia.org>
> Date: Wed, 08 Feb 2012 14:05:40 -0500
> To: "public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org>
> Subject: Issue 115, exemptions, best practices
> Resent-From: <public-tracking@w3.org>
> Resent-Date: Wed, 08 Feb 2012 20:08:56 +0000
> 
>  
> 
>  https://www.w3.org/2011/tracking-protection/track/issues/115
> 
>  
> 
> [I await input from Ninja, Alan and Jim]
> 
> 
> 
> Best Practices for sites to manage exemptions should include:
> 
> A site must provide accurate information to users on the actual data
> collection and use practices of the site.  This should include all information
> used for tracking, targeting, sales of profiles.
> A site should not suggest that the ability to access information is dependent
> on blanket acceptance of a site's data practices.
> A site should not use "immersive" multimedia applications designed to foster
> opt-in as a way to encourage a user agreeing to an exemption.
> A site should not use a special landing page that has been designed
> principally to convert a user to agree to permit an exemption.
> A site should not use social media marketing to urge a user to ask their
> "friends" to approve exemptions.
> A site should not offer rewards and incentives for a user to approve of an
> exemption.
> 
>  
>  
Received on Monday, 13 February 2012 14:54:45 UTC

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