- From: Matthias Schunter <mts-std@schunter.org>
- Date: Mon, 26 Mar 2012 21:34:21 +0200
- To: public-tracking@w3.org
- Message-ID: <4F70C4BD.7090009@schunter.org>
Hi Shane/Kimon thanks for your responses. Is your suggestion (from a technology/TPE perspective), that the feature is useful (and should be there) while it may not be usable/useful under some legislations? This means that whether to what extent feature is actually used is up to competition/legislation/ or other factors external to the TPE document. Nevertheless, I believe that (if we allow an exception for "*" as a third party), a viable question is still how a user can actually find out what third parties are used at a given time by a given site. Other opinions? Regards, matthias On 26/03/2012 19:34, Shane Wiley wrote: > > Ninja and I haven't had an opportunity to connect on this topic yet. > > > > As Kimon rightly points out, there are varying EU country-level > interpretations of appropriate consent expression. My belief is for > an Exchange level interaction, if the serving party is significantly > limited in their data use (collected upon ad bid), then there is a > fair argument that the party may be acting more as a data processor > (service provider) than a controller at that moment and therefore may > not need consent at all. If you layer this on top of a broad user > consent mechanism (must appropriately and fairly articulate to the > user the breadth of their exception -- aka "*") then this may be > acceptable from an EU Data Protection Directive (and further through > the draft Data Protection Regulation) -- especially as tools are > available within browsers today to accept or reject individual 3^rd > parties as they are introduced to a user. > > > > This discussion is more rightly placed in the companion document we > discussed last week as outside of the standards document. I don't > believe we should develop any country specific features for DNT and > instead allow guidance for each country's legal system to begin to > tease this out (many elements are in legal "grey areas"). > > > > As I believe Kimon and Ninja would agree, there is not a bright-line > rule in this case and therefore there will be considerable > discussion/debate on this topic (and others related to DNT) within the > EU (and other legal jurisdictions, including the US). > > > > - Shane > > > > *From:*Kimon Zorbas [mailto:vp@iabeurope.eu] > *Sent:* Monday, March 26, 2012 12:39 PM > *To:* Matthias Schunter; Ninja Marnau; Shane Wiley > *Cc:* public-tracking@w3.org > *Subject:* 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 > > > >
Received on Monday, 26 March 2012 19:34:44 UTC