Re: Are blanked exceptions usable in the EU? [ISSUE-129]

Hi Matthias,

I am not clear, what the purpose would be? The E-Privacy Directive is not harmonised across the EU and as a consequence there cannot be a certain answer to what consent means (or how far it goes) or how such consent can be expressed (we believe browser settings can be used but it's not that easy either). Sorry not being able to give a simple response on this.

Kind regards,
Kimon

----- Reply message -----
From: "Matthias Schunter" <mts-std@schunter.org>
To: "Ninja Marnau" <ULD66@datenschutzzentrum.de>, "Shane Wiley (yahoo)" <wileys@yahoo-inc.com>
Cc: "public-tracking@w3.org" <public-tracking@w3.org>
Subject: Are blanked exceptions usable in the EU? [ISSUE-129]
Date: Mon, Mar 26, 2012 6:33 pm



Hi Ninja/Shane,


during our last call, you disagreed whether it is OK (=considered
sufficient consent) from an EU legal perspective that an individual
accepts an exception for "any" third party used on a given site.

While I understood there is no problem to agree to a defined list
"thirdparty1, thirdparty2, ...", there seems to be a problem if this
list is undefined.

A second question is whether an OK to 'any' is OK if the user can then
later learn what parties where actually in use.

How about either agreeing offline or else starting this discussion on
the list?

FYI: From a technical perspective, it is OK to include a function that
would not be usable in the EU, however, in this case some guidance for
sites may be helpful anyway.


Regards,

Matthias