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


We appreciate your willingness to engage and provide responses to each of these questions.

I have attached the FAQ in pdf format as well.


Professor Peter P. Swire
C. William O'Neill Professor of Law
    Ohio State University

From: Kathy Joe <<>>
Date: Tuesday, April 23, 2013 8:10 AM
To: Jeffrey Chester <<>>
Cc: "(<>)" <<>>, Peter Swire <<>>
Subject: 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


Kathy Joe,
Director, International Standards and Public Affairs

From: Jeffrey Chester <<>>
Date: Tuesday, April 16, 2013 2:33 PM
To: Kathy <<>>
Cc: "<> (<>)" <<>>, Peter Swire <<>>
Subject: questions, Re: ISSUE-25: New text for Aggregated data: collection and use for audience measurement research
Resent-From: <<>>
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.



Jeffrey Chester
Center for Digital Democracy
1621 Connecticut Ave, NW, Suite 550
Washington, DC 20009<><>

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

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 user’s 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 “audience measurement research” 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.
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 “market research” does not include sales, promotional, or marketing activities directed at a specific computer or device.

Art29WP definition of pseudonymisationistheprocessofdisguising identities.Theaimofsuchaprocessisto beabletocollectadditionaldatarelating tothesameindividual withouthavingtoknow hisidentity.Thisisparticularly relevant in the contextof 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.
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 recipient’s 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

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Received on Tuesday, 23 April 2013 12:27:19 UTC