Re: June change proposal: permitted uses

Hi Dan,

I've tried to split out this proposal into what seem to be two key changes: 
(1) limitations on the retention and use of unique identifiers
(2) retention limits, extensible with justification

ISSUE-199 was already created and closely tracks the first; I've moved it to the June Compliance product. I've also created ISSUE-211 for the second: Should we specify retention periods (extended with transparency) for permitted uses?

And I've added two change proposals to the wiki to capture these two changes. I'm hopeful that splitting them up in this way will help the group understand the parts of the proposal and let us combine proposals that address the same questions.

http://www.w3.org/wiki/Privacy/TPWG/Change_Proposal_Unique_Identifiers
http://www.w3.org/wiki/Privacy/TPWG/Change_Proposal_Retention_Permitted_Uses

Your proposal used the same language on unique identifiers in several sections, and I've tried to just add that sentence and describe where it applies -- did you intend it for all permitted uses, or just all except for debugging?

Thanks,
Nick

On Jun 25, 2013, at 11:38 PM, Dan Auerbach <dan@eff.org> wrote:

> Short-term use and debugging
> 
> A third party MAY also use protocol information (e.g. HTTP header information and IP information) for any purpose, subject to a one week retention period. Limited retention of data beyond this period for debugging purposes may occur, provided the data is only used for debugging purposes and only retained as long as necessary for those purposes. If data is being retained for more than 6 months for debugging purposes, notice must be given in the privacy policy that some data is being retained for greater than 6 months for debugging.
> 
> Frequency capping
> 
> Regardless of DNT signal, protocol information may be collected, retained and used for up to 4 weeks to limit the number of times that a user sees a particular advertisement, often called frequency capping, as long as the data retained do not reveal the userís browsing history. Parties must not collect or use unique identifiers of users, user agents or devices in association with this data. Parties must not construct profiles of users or user behaviors based on their ad frequency history, or otherwise alter the userís experience.
> 
> Billing and auditing
> 
> Regardless of DNT signal, protocol information may be collected, retained and used for billing and auditing for up to 6 months, or longer if notice is given in the privacy policy with an explanation of why the extra retention is necessary. Parties must not collect or use unique identifiers of users, user agents or devices in association with this data. This may include, for example, counting ad events, verifying positioning and quality of ad impressions, or data that an auditor explicitly requires to be held.
> 
> Security and Fraud
> 
> To the extent proportionate and reasonably necessary for detecting security risks and fraudulent or malicious activity, parties may collect, retain, and use protocol data regardless of a DNT signal for up to 6 months, or longer if notice is given in the privacy policy with an explanation of why the extra retention is necessary. Parties must not collect or use unique identifiers of users, user agents or devices in association with this data. This includes data reasonably necessary for enabling authentication/verification, detecting hostile and invalid transactions and attacks, providing fraud prevention, and maintaining system integrity. In the context of this specific permitted use, this information may be used to alter the user's experience in order to reasonably keep a service secure or prevent fraud. Data may be kept beyond 6 months or the published retention period for a specific ongoing investigation or for legal purposes, but general data collection for security and fraud must be limited to 6 months or the published retention period.
> 
> It is a best practice to approach security and fraud issues with a graduated response where appropriate, retaining the minimal amount of data that is necessary for security and fraud purposes, and expanding the scope of data retention only when it becomes necessary to do so once a particular issue has been discovered.
> 
> On 06/25/2013 11:34 PM, Dan Auerbach wrote:
>> De-identified
>> 
>>               data use 
>> 
>> A
>>               third party MAY use de-identified data for any purposes
>>               whatsoever.
>> 
>> Short-term
>> 
>>               use and debugging
>> 
>> A
>>               third party MAY use protocol information (e.g. HTTP header
>>               information and IP address information) for any purpose,
>>               subject to a one week retention period. Limited retention
>>               of data beyond this period for debugging purposes may occur,
>>               provided the data is only used for debugging purposes and
>>               only retained as long as necessary for those purposes. If
>>               data is being retained for more than 6 months for
>>               debugging purposes, notice must be given in the privacy
>>               policy that some data is being retained for greater than 6
>>               months for debugging.
>> 
>> Frequency
>> 
>>               capping
>> 
>> Regardless
>> 
>>               of DNT signal, protocol information may be
>>               collected, retained and used for up to 4 weeks to limit
>>               the number of times that a user sees a particular
>>               advertisement, often called frequency
>> 
>>               capping, as long as the data retained do
>>               not reveal the userís browsing history. Parties must not
>>               collect or use unique identifiers of users, user agents or
>>               devices in association with this data. Parties must not
>>               construct profiles of users or user behaviors based on
>>               their ad frequency history, or otherwise alter the userís
>>               experience.
>> 
>> Billing
>> 
>>               and auditing
>> 
>> 
>> Regardless
>> 
>>               of DNT signal, protocol information may be
>>               collected, retained and used for billing
>> 
>>               and auditing for up to 6 months, or longer if
>>               notice is given in the privacy policy with an explanation
>>               of why the extra retention is necessary. Parties must not
>>               collect or use unique identifiers of users, user agents or
>>               devices in association with this data. This may include,
>>               for example, counting ad events, verifying positioning and
>>               quality of ad impressions, or data that an auditor
>>               explicitly requires to be retained.
>> 
>> Security
>> 
>>               and Fraud
>> 
>> To
>>               the extent proportionate and reasonably necessary for detecting
>> 
>>               security risks and fraudulent or malicious activity,
>>               parties may
>>               collect, retain, and use protocol data regardless of a DNT
>>               signal for up to 6 months, or longer if notice is given in
>>               the privacy policy with an explanation of why the extra
>>               retention is necessary. Parties must not
>>               collect or use unique identifiers of users, user agents or
>>               devices in association with this data. This includes data
>>               reasonably necessary for enabling
>>               authentication/verification, detecting hostile and invalid
>>               transactions and attacks, providing fraud prevention, and
>>               maintaining system integrity. In the context of this
>>               specific permitted use, this information may be used
>>               to alter the user's experience in order to reasonably keep
>>               a service secure or prevent fraud. Data may be kept
>>               beyond 6 months or the published retention period for a
>>               specific ongoing investigation or for legal purposes, but
>>               general data collection for security and fraud must be
>>               limited to 6 months or the published retention period.
>> 
>> It
>>             is a best practice to approach security and fraud issues
>>             with a graduated response
>>             where appropriate, retaining the minimal amount of data that
>>             is necessary for security and fraud purposes, and expanding
>>             the scope of data retention only when it becomes necessary
>>             to do so once a particular issue has been discovered.
>> -- 
>> Dan Auerbach
>> Staff Technologist
>> Electronic Frontier Foundation
>> dan@eff.org
>> 415 436 9333 x134
> 

Received on Friday, 28 June 2013 18:36:06 UTC