W3C home > Mailing lists > Public > public-tracking@w3.org > February 2013

Re: Another agenda item for Boston

From: Walter van Holst <walter.van.holst@xs4all.nl>
Date: Wed, 06 Feb 2013 23:37:37 +0100
To: <public-tracking@w3.org>
Message-ID: <ff08993ca5ec09671ad259429ef205cf@xs4all.nl>
On 2013-02-06 23:01, Kimon Zorbas wrote:
> Mike,
> 
>  European law is not about tracking, but as you elaborate further
> down about storing data on a device (so the E-Privacy Directive). I do
> not think W3C should be responding to legislation.

Kimon,

We all know that there is more to European law than the E-privacy 
directive and that the protection of personal data plays a substantial 
role in this field. Although I do share some of the reluctance against 
discussing the upcoming DPR, I think that certain elements of the 
current rules are deeply unlikely to change in the DPR. Even in a (from 
my perspective worst case) scenario in which some pseudonymous data gets 
a different regime, the tracking of user's behaviour across various 
domains is unlikely to be placed outside the reach of the DPR.

Even though you are right to note that the consent requirement for 
cookies is narrower than that for the processing of personal data in 
general, it pretty much is in line with what the current thinking among 
DPAs is about tracking data. It is not a bad idea to keep an open eye 
for the current legislative developments in Brussels, how right about 
the uncertainty of its outcomes you may be.

>  I think the TPWG should focus on what we agree to achieve: find
> consensus for a workable DNT.

... and one that respects the fundamental human right to privacy as 
enshrined in various charters and treaties.

Regards,

  Walter
Received on Wednesday, 6 February 2013 22:38:05 UTC

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