Re: ISSUE-154: Are First parties allowed to use data (either offline or online) from third parties

I have significant concerns about this restriction on first parties.  There has been discussion about including such a restriction, but I do not recall the group reaching any kind of consensus.  In addition, I have asked for text on this restriction and never received it, which begs the question - what have we agreed to (if such agreement has ever been reached)?

That said, restricting first parties from appending data to records of DNT:1 users is problematic for several reasons:


1)      First parties are already prohibited from sharing data about DNT:1 users with third parties and third parties cannot collect/use data about DNT:1 users.  Look at it this way, a DNT:1 user visits a website - the first party can collect data about that user but can't share it with anyone, the third parties on that site can't even collect/use it.  The loophole has already been closed.

2)      Since #1 is true, this means that the data we're talking about restricting is data that has been collected offline or data that has been collected with consent or otherwise in the spirit of DNT.

3)      The primary purpose of appending data to data about DNT:1 users is for first-party marketing, which the FTC recognized as an above-board purpose which generally should not require user consent.  The reason is simple - you can opt out of that marketing, it's obvious and users expect it.

I am open to continuing this discussion on tomorrow's call and/or via email.  But I do not believe this group should restrict the ability of first parties to conduct the long-standing practice of first party marketing.


Chris Pedigo
VP, Government Affairs
Online Publishers Association
(202) 744-2967