CVS WWW/2011/tracking-protection/drafts

Update of /w3ccvs/WWW/2011/tracking-protection/drafts
In directory gil:/tmp/cvs-serv2237

Modified Files:
	tracking-compliance-i203b.html 
Log Message:
update my proposal with definition of permanently de-identified

--- /w3ccvs/WWW/2011/tracking-protection/drafts/tracking-compliance-i203b.html	2014/08/09 00:08:15	1.1
+++ /w3ccvs/WWW/2011/tracking-protection/drafts/tracking-compliance-i203b.html	2014/10/08 18:10:43	1.2
@@ -105,7 +105,7 @@
       recipients of the data collected as a result of accessing that resource
       (during the period in which the tracking status representation is fresh)
       intend to conform to this specification with regard to that data for as
-      long as that data has not been de-identified.
+      long as that data has not been <a>permanently de-identified</a>.
     </p>
     <p>
       The remainder of this specification assumes that the origin server has
@@ -119,8 +119,8 @@
     <p>
       Data collection, retention, use, or sharing that does not amount to
       tracking is outside the scope of this specification.
-      Likewise, data that has been de-identified is outside the scope of this
-      specification.
+      Likewise, data that has been <a>permanently de-identified</a> is outside
+      the scope of this specification.
     </p>
     <p>
       Short-term, transient collection and use of data is also outside
@@ -190,35 +190,81 @@
         <li>ensures that the data is only retained, accessed, and used as
             directed by the contractee;</li>
         <li>has no independent right to use the data other than in a
-            <a>de-identified</a> form (e.g., for monitoring service integrity,
-            load balancing, capacity planning, or billing); and,</li>
+            <a>permanently de-identified</a> form (e.g., for monitoring
+            service integrity, load balancing, capacity planning, or billing);
+            and,</li>
         <li>has a contract in place with the contractee which is consistent
             with the above limitations.</li>
       </ol>
     </section>
 
     <section id="de-identified">
-      <h3>De-identified</h3>
+      <h3>Permanently De-identified</h3>
       <p>
-        Data is <dfn>de-identified</dfn> when a party:
+        Data is <dfn>permanently de-identified</dfn> when there exists a high
+        level of confidence that no human subject of the data can be
+        identified, directly or indirectly (e.g., via association with an
+        identifier, user agent, or device), by that data alone or in
+        combination with other retained or available information.
       </p>
-      <ol>
-        <li>has achieved a reasonable level of justified confidence that the
-          data cannot be used to infer information about, or otherwise be
-          linked to, a particular consumer, computer, or other device;</li>
-        <li>commits to make no attempt to re-identify the data; and</li>
-        <li>contractually prohibits downstream recipients from attempting to
-          re-identify the data.</li>
-      </ol>
-      <p class="issue" data-number="188" title="Definition of de-identified (or previously, unlinkable) data">
-        <strong>OPEN</strong> This definition is being actively discussed and
-        may soon be replaced by a term with less baggage.
-      </p>
-      <p class="note">
-        Note that geolocation data (of a certain precision or over a period of
-        time) may itself identify otherwise de-identified data.
-      </p>
-      <p class="issue" data-number="202" title="Limitations on geolocation by third parties"></p>
+
+      <section id="de-identification-considerations" class="informative">
+        <h4>De-identification Considerations</h4>
+        <p>
+          The term <a>permanently de-identified</a> is
+          used for data that has passed out of the scope of this specification
+          and cannot, and will never, come back into scope. The organization
+          that performs the de-identification needs to be confident that the
+          data can never again identify the human subjects whose activity
+          contributed to the data. That confidence might result from ensuring
+          or demonstrating that it is no longer possible to:
+        </p>
+        <ul>
+          <li>isolate some or all records which correspond to a device or
+              user;</li>
+          <li>link two or more records (either from the same database or
+              different databases), concerning the same device or user;</li>
+          <li>deduce, with significant probability, information about a device
+              or user.</li>
+        </ul>
+        <p>
+          Regardless of the de-identification approach, unique keys can be
+          used to correlate records within the de-identified dataset, provided
+          the keys do not exist and cannot be derived outside the de-identified
+          dataset and have no meaning outside the de-identified dataset (i.e.
+          no mapping table can exist that links the original identifiers to
+          the keys in the de-identified dataset).
+        </p>
+        <p>
+          In the case of records in such data that relate to a single user or
+          a small number of users, usage and/or distribution restrictions are
+          advisable; experience has shown that such records can, in fact,
+          sometimes be used to identify the user or users despite technical
+          measures taken to prevent re-identification. It is also a good
+          practice to disclose (e.g. in the privacy policy) the process by
+          which de-identification of these records is done, as this can both
+          raise the level of confidence in the process, and allow for for
+          feedback on the process. The restrictions might include, for
+          example:
+        </p>
+        <ul>
+          <li>technical safeguards that prohibit re-identification of
+              de-identified data and/or merging of the original tracking
+              data and de-identified data;</li>
+          <li>business processes that specifically prohibit
+              re-identification of de-identified data and/or merging of the
+              original tracking data and de-identified data;</li>
+          <li>business processes that prevent inadvertent release of either
+              the original tracking data or de-identified data;</li>
+          <li>administrative controls that limit access to both the original
+              tracking data and de-identified data.</li>
+        </ul>
+        <p>
+          Geolocation data (of a certain precision or over a period of time)
+          might cause otherwise de-identified data to become re-identified.
+        </p>
+        <p class="issue" data-number="202" title="Limitations on geolocation by third parties"></p>
+      </section>
     </section>
   </section> <!-- end Terminology -->
 
@@ -360,8 +406,9 @@
         MAY engage tracking for requests made to the designated resource, but
         MUST NOT use or share any data to which DNT:1 applies until it can be
         determined that it has received prior consent to do so. If not, the
-        origin server MUST delete or de-identify the collected data within
-        forty-eight hours.
+        origin server MUST delete or
+        <a href="#dfn-permanently-de-identified">permanently de-identify</a>
+        the collected data within forty-eight hours.
       </p>
       <p>
         An origin server MAY send a tracking status value of
@@ -409,7 +456,8 @@
             that permitted use has expired. When all such data retention
             periods have expired for the permitted uses for which a given data
             set has been retained, the third party MUST delete or
-            <a title="de-identified">de-identify</a> that data.
+            <a href="#dfn-permanently-de-identified">permanently de-identify</a>
+            that data.
           </p>
           <p>
             Aside from what is reasonably necessary for each permitted use,
@@ -617,7 +665,8 @@
       <p>
         If a party learns that it possesses data in violation of this
         recommendation, it MUST, where reasonably feasible, delete or
-        de-identify that data at the earliest practical opportunity, even if
+        <a href="#dfn-permanently-de-identified">permanently de-identify</a>
+        that data at the earliest practical opportunity, even if
         it was previously unaware of such information practices despite
         reasonable efforts to understand its information practices.
       </p>

Received on Wednesday, 8 October 2014 18:10:45 UTC