Re: South Africa Passes Comprehensive Personal Data Protection Legislation

Nick,

Here's another thought - what we're seeing with regulation is that they (the legislators) are going to define what tracking means and it doesn't matter what the voluntary standards say. You have to obey the law - and if you fail to do that there are serious consequences. The TPWG should be aware of these types of legislation otherwise what they produce will be meaningless.

IMO the TPWG won the battle but lost the war. The battle was fought to a standstill - and while they were all fighting the legislators decided to get serious and have started executing far faster than anyone expected. The result is that the method they'll use is already inside the browser - what they'll do is wrap that with legislation.

The IAB et al is now faced with something far more potent than a voluntary standard - they're now faced with the law and all it's penalties. I wonder what the EU has in store based off of current events.



Peter
_________________________
Peter J. Cranstone
CEO.  3PMobile
Boulder, CO  USA

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Improving the Mobile Web Experience

Cell: 720.663.1752
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From: Nicholas Doty <npdoty@w3.org<mailto:npdoty@w3.org>>
Date: Monday, September 2, 2013 4:13 PM
To: W3C mailing list <public-privacy@w3.org<mailto:public-privacy@w3.org>>
Cc: "Peter J. Cranstone" <peter.cranstone@3pmobile.com<mailto:peter.cranstone@3pmobile.com>>
Subject: Fwd: South Africa Passes Comprehensive Personal Data Protection Legislation

(Moving public-tracking to BCC and forwarding to public-privacy. We welcome discussion of relevant topics like potential regulations that might affect online privacy on the wider public-privacy mailing list; the public-tracking mailing list is specifically for work on Tracking Protection Working Group deliverables.)
—Nick

Begin forwarded message:

Resent-From: public-tracking@w3.org<mailto:public-tracking@w3.org>
From: Peter Cranstone <peter.cranstone@3pmobile.com<mailto:peter.cranstone@3pmobile.com>>
Subject: South Africa Passes Comprehensive Personal Data Protection Legislation
Date: September 2, 2013 2:35:39 PM PDT
To: "public-tracking@w3.org<mailto:public-tracking@w3.org>" <public-tracking@w3.org<mailto:public-tracking@w3.org>>

Looks like it's regulation time for Privacy. 'Where' is now on the same level of importance as 'What' you know about me.

http://www.huntonprivacyblog.com/2013/08/articles/south-africa-passes-comprehensive-personal-data-protection-legislation/

[snip]

OFFENCES AND PENALTIES - Jail time is now possible.

Obstruction of Regulator

95. Any person who hinders, obstructs or unlawfully influences the Regulator or any
person acting on behalf of or under the direction of the Regulator in the performance of
the Regulator’s duties and functions under this Act, is guilty of an offence.

Penal sanctions

99. Any person convicted of an offence in terms of this Act, is liable—
(a) in the case of a contravention of section 95, to a fine or to imprisonment for a
period not exceeding 10 years, or to both a fine and imprisonment; or
(b) in any other case, to a fine or to imprisonment for a period not exceeding 12
months, or to both a fine and imprisonment.

[/snip]


The actual legislation waiting (like California AB 370)

http://www.huntonprivacyblog.com/wp-content/uploads/2013/08/B9-2009_ProtectionofPersonalInformation.pdf


ANYONE in South Africa now has the RIGHT to know EXACTLY what information
ANYONE / ANYWHERE has 'collected' about them...

[snip]

Access to personal information

22. (1) A data subject, having provided adequate proof of identity, has the right to—
(a) request a responsible party to confirm, free of charge, whether or not the
responsible party holds personal information about the data subject; and
(b) request from a responsible party a description of the personal information
about the data subject held by the responsible party, including information
about the identity of all third parties, or categories of third parties, who have,
or have had, access to the information—
(i) within a reasonable time;
(ii) at a prescribed fee, if any, that is not excessive;
(iii) in a reasonable manner and format; and
(iv) in a form that is generally understandable.

[/snip]



Peter
_________________________
Peter J. Cranstone
CEO.  3PMobile
Boulder, CO  USA

[cid:34ABA7A9-1236-4470-9312-C503BF052771]
Improving the Mobile Web Experience

Cell: 720.663.1752
Web site: www.3pmobile.com<http://www.3pmobile.com/>