ISSUE-25: New text for Aggregated data: collection and use for audience measurement research

Hallo Jeff,

Here are our answers to your questions attached.

Thanks for your patience

Regards 

Kathy Joe,
Director, International Standards and Public Affairs

From:  Jeffrey Chester <jeff@democraticmedia.org>
Date:  Tuesday, April 16, 2013 2:33 PM
To:  Kathy <kathy@esomar.org>
Cc:  "public-tracking@w3.org (public-tracking@w3.org)"
<public-tracking@w3.org>, Peter Swire <peter@peterswire.net>
Subject:  questions, Re: ISSUE-25: New text for Aggregated data: collection
and  use for  audience measurement research
Resent-From:  <public-tracking@w3.org>
Resent-Date:  Tue, 16 Apr 2013 12:34:00 +0000

Kathy Joe and colleagues:  Thanks for this description.  As I mentioned to
Peter, I have some questions in order to better understand the specific
dimensions of the proposal.  Given the nature of contemporary marketing,
where measurement is directly built-in to the content and targeting
functions, I want all of us to have an unambiguous  understanding of what is
proposed.

1.  Can you define the parameters of the market research exemption sought?
Are we discussing longitudinal, shorter-term, or on-going campaign
assessment?  

2.  Can it be categorically said that none of the information collected and
analyzed during will be used to target any user, inc. their device?

3.  Is the proposal enabling outside First and Third Party data, even that
which is connected to DNT:1, to be gathered, analyzed and further
incorporated into an opt-in panel?  Can examples be provided, using several
diverse generic client examples (laundry soap A, sneaker B, credit card C,
etc) of the process using the data?  Specifically, it is key to understand
exactly what is meant that data will be used to "calibrate or otherwise
support data" from panels.

4.  Can a third party authorized to engage in audience measurement research
use the data in any other way prior to the "statistical analysis" that
requires pseudonymization?

5.  The 53 week outside deadline for de-identification.  Please explain why
a year is necessary for all such retention.  While perhaps seasonal
campaigns require a slightly longer retention period, analysis and market
planning today is accomplished much faster today (for example, I just got my
notice that the online data is ready to plan for next Xmas season based on
what just happened last year).  What retention time would be best practice
with data needed for shorter campaign cycles?

6.  I don't understand the distinction being offered that measurement of a
users device is not the same as an individuals.  Online panels
collect/analyze a broad array of data/user content behaviors, increasingly
used in real-time.  The results can be used to refine ongoing campaigns.  If
a user has a DNT:1, is the proposal saying, for example, that Nielsen can
still tag them and have their data fed into the measurement for campaign
regimes?

7.  Please explain what data can be derived from the "sample quality
control" and "auditing" process.  Can it be used for any additional or
supplemental targeting?  Are there any other possible uses beside these two?

8.  Please provide further context and parameters for the market research
purposes.  Can we have specifics on what is meant by "facilitating online
media valuation, planning and buying and reliable audience measurement."
Can we have examples in each of the categories, inc. how it is used commonly
in the marketplace, esp. given the changing nature of real-time campaigns.

9.  The phrase "optimizing content and placement on an individual site"
sounds like real-time targeting.  Please also place this purpose in context
through explanation on how exactly such data will be used; examples
appreciated.

Thanks,

Jeff


Jeffrey Chester
Center for Digital Democracy
1621 Connecticut Ave, NW, Suite 550
Washington, DC 20009
www.democraticmedia.org <http://www.democraticmedia.org>
www.digitalads.org <http://www.digitalads.org>
202-986-2220

On Mar 26, 2013, at 1:29 PM, Kathy Joe wrote:

> Here is the text revised in the light of last week's discussion (new text in
> red). It includes a definition of pseudonymisation and references to various
> texts to save some back and forth.
> 
> Kathy Joe
> ESOMAR
> 
> Normative:
> Information may be collected, retained and used by a third party for audience
> measurement research where the information is used to calibrate or otherwise
> support data collected from opted-in panels, which in part contains
> information collected across sites and over time from user agents.
> A third party eligible for an audience measurement research permitted use MUST
> adhere to the following restrictions. The data collected by the third party:
> €     Must be pseudonymised before statistical analysis begins, and
> €     Must not be shared with any other party unless the data are
> de-identified prior to sharing, and
> €     Must be deleted or de-identified as early as possible after the purpose
> of collection is met and in no case shall such retention, prior to
> de-identification, exceed 53 weeks and
> €     Must not be used for any other independent purpose.
> €     In addition, the third party must be subject to an independent
> certification process under the oversight of a generally-accepted market
> research industry organization that maintains a web platform providing user
> information about audience measurement research. This web platform lists the
> parties eligible to collect information under DNT standards and the audience
> measurement research permitted use and it provides users with an opportunity
> to exclude their data contribution.
> Non-normative: collection and use for audience measurement research
> Audience measurement research creates statistical measures of the reach in
> relation to the total online population, and frequency of exposure of the
> content to the online audience, including paid components of web pages.
> Audience measurement research for DNT purposes originates with opt-in panel
> output that is calibrated by counting actual hits on tagged content on
> websites. The panel output is re-adjusted using data collected from a broader
> online audience in order to ensure data produced from the panel accurately
> represents the whole online audience.
> This online data is collected on a first party and third party basis. This
> collection tracks the content accessed by a device rather than involving the
> collection of a user¹s browser history. The ultimate production of audience
> measurement statistics requires measurement of devices, not individuals.
> The collected data is retained for a given period for purposes of sample
> quality control, and auditing.  During this retention period contractual
> measures must be in place to limit access to, and protect the data, as well as
> restrict the data from other uses. This retention period is set by auditing
> bodies, after which the data must be de-identified.
> The purposes of audience measurement research must be limited to:
> ·    Facilitating online media valuation, planning and buying via accurate and
> reliable audience measurement.
> ·    Optimizing content and placement on an individual site.
> The term ³audience measurement research² does not include sales, promotional,
> or marketing activities directed at a specific computer or device.  Audience
> measurement data must be reported as aggregated information such that no
> recipient is able to build commercial profiles about particular individuals or
> devices.
> Proposed definition: Pseudonymisation is the process of disguising identities
> by attaching a coded reference to a record to allow the data to be associated
> with a particular device or individual without identifying them. In audience
> measurement, the data collected is tied to devices, not individuals.
> References
> DAA text on market research: Market research means the analysis of:  market
> segmentation or trends; consumer preferences and behaviours, research about
> consumers, products or services; or the effectiveness of marketing or
> advertising.  A key characteristic of market research is that the data is not
> re-identified to market directly back to, or otherwise re-contact a specific
> computer or device. Thus, the term ³market research² does not include sales,
> promotional, or marketing activities directed at a specific computer or
> device.
> 
> Art29WP definition of pseudonymisation is the process of disguising
> identities. The aim of such a process is to be able to collect additional data
> relating to the same individual without having to know his identity. This is
> particularly relevant in the context of research and statistics.
> Aggregation: Data is displayed as totals, so no data relating to or
> identifying any individual is shown.
> ICO Definition of pseudonymisation: De-identified data so that a coded
> reference or pseudonym is attached to a record to allow the data to be
> associated with a particular individual without the individual being
> identified.
> German Telemedia Act (to which Albrecht amendments to the General Data
> Protection Regulation refer).
> Section 14 Inventory data
> (1) The service provider may collect and use the personal data of a recipient
> of a service only if it is needed for the establishment, content or amendment
> of a contractual relationship between the service provider and the recipient
> on the use of telemedia (inventory data).
> (2) By order of the competent agencies, the service provider may in individual
> cases provide information about inventory data to the extent that this is
> needed for purposes of prosecution of crime, for the prevention of danger by
> the police authorities of the Länder, for the fulfilment of the statutory
> duties of the agencies of the Federation and the Länder responsible for
> protection of the constitution, the Federal Intelligence Service or the
> Military Counterintelligence, or for the enforcement of intellectual property
> rights.
> Section 
> 15 Data on usage
> (1) The service provider may collect and use the personal data of a recipient
> of a service only to the extent necessary to enable and invoice the use of
> telemedia (data on usage). Data on usage are in particular
> 1. characteristics to identify the recipient of the service,
> 2. details of the beginning and end of the scope of the respective usage, and
> 3. details of the telemedia used by the recipient of the service.
> (2) The service provide may collate a recipient¹s usage data regarding the use
> of different telemedia to the extent necessary for invoicing the recipient of
> the service.
> (3) For the purposes of advertising, market research or in order to design the
> telemedia in a needs-based manner, the service provider may produce profiles
> of usage based on pseudonyms to the extent that the recipient of the service
> does not object to this. The service provider must refer the recipient of the
> service to his right of refusal pursuant to Sub-section 13 No. 1. These
> profiles of usage must not be collated with data on the bearer
> of the pseudonym.
> (4) The service provider may use data on usage beyond the end of the session
> to the extent necessary for invoicing the recipient of the service (invoicing
> data). The service provider may disable the data in order to fulfil existing
> statutory, by-law-based or contractual retention periods.
> (5) The service provider may transmit invoicing data to other service
> providers or third parties to the extent necessary to ascertain the fee and to
> invoice the recipient of the service. If the service provider has concluded a
> contract with a third party on the collection of the fee, he may transmit
> invoicing data to a third party to the extent necessary for this purpose. Data
> on usage may be transferred in anonymous form for the purpose of market
> research by other service providers. Section 14 (2) applies mutatis mutandis.
>  
> Kathy Joe,
> Director, International Standards and Public Affairs
> 
> Eurocenter 2, 11th floor
> Barbara Strozzilaan 384
> 1083 HN Amsterdam
> The Netherlands
> Tel: +31 20 664 2141
> Fax: +31 20 589 7885
> www.esomar.org <http://www.esomar.org>  <http://www.esomar.org/>
> 
> ESOMAR is the essential organisation for encouraging, advancing and elevating
> market research worldwide.
> 
> 
> 
> 
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