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Re: issues 23 and 34, happy new year's initial text for all...

From: Haakon Bratsberg <haakon.bratsberg@opera.com>
Date: Mon, 9 Jan 2012 21:14:48 +0100
Cc: public-tracking@w3.org, David Singer <singer@apple.com>
Message-Id: <D858787A-8C8B-455C-B3CB-49D2083B6AE0@opera.com>
To: Rigo Wenning <rigo@w3.org>

On Jan 9, 2012, at 5:59 PM, Rigo Wenning wrote:

> David, 
> I like your suggestion. We should ask Rob about it as I think the restrictions 
> even match the definition of a data processor under the EU Directive, thus 
> giving the entire responsibility to the first party (data controller in EU 
> talk)

I agree that the restrictions is close the definition of "processor" in EU privacy law. 

Directive 95/46/EC Section 2 e) of the  reads: 

     >'processor' shall mean a natural or legal person, public authority, agency or any
     >other body which processes personal data on behalf of the controller;"


David's text reflects the limitations on the processor's ability to process the data that follows from EU privacy law. 


> Can we resolve?
> Rigo 
> On Tuesday 03 January 2012 15:18:30 David Singer wrote:
>> Issue number: 23
>> Issue name: Possible exemption for analytics
>> Suggested retitle: Possible exemption for outsourcing
>> Issue URL:
>>  http://www.w3.org/2011/tracking-protection/track/issues/23
>> Section number in the FPWD: 3.4 Types of Tracking
>> Contributors to this text: (Draft) David Singer, (Edit) Jonathan Mayer
>> Specification:
>> A third-party site may operate as a first-party site if all the following
>> conditions hold: the data collection, retention, and use, complies with at
>> least the requirements for first-parties; the data collected is available
>> only to the first party, and the third party has no independent right to
>> use the data; the third party makes commitments to adhere to this standard
>> in a form that is legally enforceable (directly or indirectly) by the first
>> party, individual users, and regulators; data retention by the third party
>> must not survive the end of this legal enforceability; the third party
>> undertakes reasonable technical precautions to prevent collecting data that
>> could be correlated across first parties.
>> Non-normative Discussion:
>> The rationale for rule (2) is that we allow the third party to stand in the
>> first party’s shoes – but go no further.  The third party may not use the
>> data it collects for “product improvement,” “aggregate analytics,” or any
>> other purpose except to fulfill a request by a first party, where the
>> results are shared only with the first party.
>> Rule (3) allows for the possibility of more than one level of outsourcing.
>> In rule (4), one component of reasonable technical precautions will often be
>> using the same-origin policy to segregate information for each first-party
>> customer.
>> Note that any data collected by the third party that is used, or may be
>> used, in any way by any party other than the first party, is subject to the
>> requirements for third parties.
>> Example:
>> ExampleAnalytics collects analytic data for ExampleProducts Inc..  It
>> operates a site under the DNS analytics.exampleproducts.com. It collects
>> and analyzes data on visits to ExampleProducts, and provides that data
>> solely to ExampleProducts, and does not access or use it itself.
>> Text that possibly belongs in other sections:
>> When the third party sends a response header, that header must indicate that
>> that they are a third party and that they are operating under this
>> exception. Note that a third party that operates under a domain name or
>> other arrangement that makes it appear to the user as if they are the first
>> party, or a part or affiliate of the first party, is nonetheless a third
>> party and is subject to the requirements of this clause ("DNS
>> masquerading").
>> Issue number: 34
>> Issue name: Possible exemption for aggregate analytics
>> Suggested retitle: Possible exemption for unidentifiable data
>> Issue URL:
>>  http://www.w3.org/2011/tracking-protection/track/issues/34
>> Section number in the FPWD: 3.4 Types of Tracking
>> Contributors to this text: (Draft) David Singer, (Edit) Jonathan Mayer
>> Specification:
>> A third party may collect, retain, and use any information from a user or
>> user agent that, with high probability, could not be used to: 1) identify
>> or nearly identify a user or user agent; or
>> 2) correlate the activities of a user or user agent across multiple network
>> interactions.
>> Examples:
>> 1. A third-party advertising network records the fact that it displayed an
>> ad. 2. A third-party analytics service counts the number of times a popular
>> page was loaded.
>> Non-Normative Discussion:
>> This exception (like all exceptions) may not be combined with other
>> exceptions unless specifically allowed.  A third party acting within the
>> outsourcing exception, for example, may not make independent use of the
>> data it has collected even though the use involves unidentifiable data.  A
>> rule to the contrary would provide a perverse incentive for third parties
>> to press all exceptions to the limit and then use the collected data within
>> this exception. A potential ‘safe harbor’ under this clause could be to
>> retain only aggregate counts, not per-transaction records.
>> Text that possibly belongs elsewhere:
>> Possible advances in de-anonymization that make previously non-identifiable
>> data, identifiable, should be considered. [Maybe need an issue: whose
>> problem is it when data from disparate sources, all but one of which are
>> anonymous, is combined to achieve de-anonymization?]
Received on Monday, 9 January 2012 20:17:56 UTC

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