Re: Proposed Text for Local Law and Public Purpose

On Wednesday 24 October 2012 00:45:41 Rob van Eijk wrote:
> On 17-10-2012 17:05, Amy Colando (LCA) wrote:
> > *Normative:*Regardless of DNT signal, information MAY be
> > collected,  retained, used and shared for complying with
> > applicable laws, regulations, legal obligations and other
> > public purposes, including, but not limited to, intellectual
> > property protection, delivery of emergency services, and
> > relevant self-regulatory verification requirements.
> 
> I  have been following this discussion from a distance. Basically
> the  proposed text overrides DNT. Not just specific, but in a
> very broad way.

+1

Amy, mainly you can't give precedence to things that a party can 
create or directly influence. Laws have a legislator. If you 
overwrite the DNT signal by agreements between businesses, you 
create a contract to the detriment of third parties. At least in 
civil law countries this is prohibited by the "ordre public". While 
legal requirements may overwrite DNT, contractual obligations 
conceptionally can't. 

Rigo

Received on Wednesday, 24 October 2012 15:51:29 UTC