W3C home > Mailing lists > Public > public-tracking@w3.org > June 2012

Re: ACTION-174: Write up implication of origin/* exceptions in EU context

From: Rigo Wenning <rigo@w3.org>
Date: Wed, 06 Jun 2012 20:32:54 +0200
To: Ninja Marnau <nmarnau@datenschutzzentrum.de>
Cc: public-tracking@w3.org
Message-ID: <1982584.Q2oHxU2IkZ@hegel.sophia.w3.org>

On Wednesday 06 June 2012 17:28:48 Ninja Marnau wrote:
> Rigo, I do not see where I state that ad hoc advertisement in
> general is  illegal. All of these thoughts refer to tracking and
> building profiles.

I was talking about advertisement _Auctions_, not ad hoc 
advertisement. The nature of an auction is that you don't know 
beforehand who will take the market. This means you can't know all 
the third parties at the time of creation of your service, not even 
on the first round of request/reception of the page.
> What I ask for are two things
> 1) make the responsible entity transparent (responsible as a data 
> controller) - who this is depends on contracts as well as factual
> control

And this does NOT work with Auctions of ads. By this, you simply 
prohibit Auctions on ad networks. I promised to come up with a well 
described use case with Shane. 
> 2) get prior informed consent for (cookie-based - though I would
> not  limit it to this) tracking

How could you get a prior consent if you don't know who you're gonna 
interact with? What you can get is a prior consent with those who 
have selected the auction platform. So it will depend on the auction 
platform's reputation whether it will be chosen by a content 
provider, if that content provider exposes himself to liability for 
data breach by the auction platform. 
> Of course, this require changes in the current ad industrie. But
> so does  DNT. So, what is the point you are trying to make?
> A transitive consent like you are suggesting is not yet covered by
> law  and wont be by the proposed EU regulation.

Ok, this is then a thing I have to address with the Parliament. I 
think this should also be a topic for the OBA roundtable. I want 
good privacy and good data protection, but I also want easy and 
viable data protection. :)

Received on Wednesday, 6 June 2012 18:33:25 UTC

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