RE: New text Issue 25: Aggregated data: collection and use for audience measurement research

Hi Kathy,


I would like to understand how your use-case works. How is pseudonymisation
defined for audience measurement research and what would actually be done to
the data to make it pseudonimised? If an advertiser has a domain and uses a cookie containing a unique user id in that domain,
how is that communicated to the audience measurement servers and what other
data is associated with it? Would the data pseudonymising process delete
this cookie value?








From: Kathy Joe [] 
Sent: 08 March 2013 13:48
To: Rob van Eijk
Cc: Kimon Zorbas;;;
Subject: New text Issue 25: Aggregated data: collection and use for audience
measurement research


Hi Rob,


Many thanks for your comments and yes we agree that panel members are a form
of out of band consent and outside the scope of DNT.


As you know, we have proposed a very narrow case for audience measurement
research. Specific measures are described to limit access to and protect the
raw data whilst it is being stored for a limited period through
pseudonymisation and contractual measures. This case is also contingent on
data and aggregated reports not being used for other purposes and there
being no return path to particular individuals or devices. 


We believe that these steps seek to be aligned with the underlying
principles set out by the Art. 29 WP that can be summarized as a)
pseudonymisation is an important approach to risk limitation and b) consent
forms one of a number of legal grounds for processing, which includes
legitimate interests. 


We believe that audience measurement research can be regarded as a
legitimate interest as these impartial statistical measures promote trust in
the buying and selling of online advertising which is the model by which the
Internet remains free and accessible for all.


As I understand it, the Global Considerations Berlin meeting will discuss
how W3C DNT could work in the EU context where first and third parties are
expressed in different terms and the E Privacy law is interpreted
differently between member states. Such interpretations may even change eg
the Netherlands where it has been questioned if the explicit consent model
is meaningful in providing citizens with a fundamental right to privacy, and
thus is likely to transition to implied consent.


Unfortunately I will not be able to attend the meeting in person but we also
think it would not be useful to discuss a narrow and specific use case such
as audience measurement research as a test case in an environment where so
much needs to be clarified first.


Best regards



Kathy Joe,


From: Rob van Eijk <>
Date: Wednesday, March 6, 2013 2:38 PM
To: Kimon Zorbas <>, Kathy <>, Peter Swire
<>, "" <>,
"" <>
Subject: Re: Fw: New text Issue 25: Aggregated data: collection and use for
audience measurement research



There are at least 2 approaches. Let me point out 2 of them: One that
formalizes the concept of tracking by starting with a definition. I would
call this top - down. The other is finding out which phenomena are
problematic and relevant. I would call this bottom up. The top - down
approach needs a shared definition of tracking. The bottom - up approach
does not need this at all.


Kimon Zorbas <> wrote:

Once again, all points at agreeing on a definition of tracking.

Kind regards,

----- Reply message -----
From: "Rob van Eijk" <>
To: "Kimon Zorbas" <>, "Kathy Joe" <>,
"" <>, ""
<>, "" <>
Subject: Fw: New text Issue 25: Aggregated data: collection and use for
audience measurement research
Date: Wed, Mar 6, 2013 2:22 pm


Hi Kimon,

Lets take audience measurement as a usecase in the Global Considerations
meeting next week, and work from there. If text comes out of that effort, we
will feed it back to Issue 25.

My stance for the moment is that a DNT must be a strong and meaningful DNT
that also takes into account fundamental rights to privacy, not just
arguments that are geared toward legitimizing a business model that gave way
to the expression to not wanting to be tracked in the first place.


Kimon Zorbas <> wrote: 


we need audience measurement. It's THE part of internet that underlines
everything. It's only using data in aggregate and not about communicating
back to users.

Why don't you tell us how you would like to change the text and we can work
on wording, see if there can be a meaningful compromise?

Kind regards,

----- Reply message -----
From: "Rob van Eijk" <>
To: "Kathy Joe" <>, ""
<>, "" <>,
"" <>
Subject: Fw: New text Issue 25: Aggregated data: collection and use for
audience measurement research
Date: Wed, Mar 6, 2013 2:02 pm


Thanks Kathy,

I want to add to the discussion that panel members are a form of out of band
consent and can therefore be left out of scope for DNT.
For users who have not opted-in to audience measurement, my position is that
DNT must be meaningful. A wide interpretation of audience measurement under
a generic exception for aggregated reporting should not be the way forward.

Talking shortly to David Stark on this, he suggested to increase
transparence by using a visible element on a page, instead of a hidden
pixel. I think it is a great idea. It enables transparency, and is an
important step towards convincing users to give consent to audience

I will add to that, in the discussion here, that the pixel is not the right
technology under DNT to fulfull the audience measurement need. My position
is that if the technology is not capable of triggering an exception as
suggested in the technical spec, the way forward should not be to allow for
that limitation in technology throug an exception in the compliance spec.

In short, I raise severe concerns against the proposed text.


Kathy Joe <> wrote: 

Here below is the revised text for issue 25 discussed with Justin and others
in the group with some modifications to take Justin's comments into account.

Information may be collected to create statistical measures of the reach in
relation to the total population, and frequency of exposure of the content
to the online audience, including paid components of web pages. One such
method is through using a panel of users who have affirmatively agreed to
have their media consumption and web surfing behavior measured across sites.

The panel output is calibrated by counting actual hits on tagged content and
re-adjusting the results in order to ensure data produced from the panel
accurately represents the whole audience. The counts must be pseudonomised.
Counts are retained for sample, quality control, and auditing purposes
during which time contractual measures mus!
 t be in
place to limit access to, and protect the data from other uses. A 53 week
retention period is necessary so that month over month reports for a one
year period may be re-run for quality checking purposes, after which the
data must be de-identified. The counted data is largely collected on a first
party basis, but to ensure complete representation, some will be third party
placement. This collection tracks the content rather than involving the
collection of a user's browser history.

The purposes 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.

Audience measurement data must be reported as aggregated information such
that no recipient is able to build commercial profiles about particular
individuals or devices.

To clarify a comment from Justin about auditing, note that  audience
measurement sys!
(whether TV, radio, print or online) are usually managed or monitored by an
independent body as
guarantee of accuracy with various stakeholders in a joint industry body
defining what is needed to provide a robust and impartial system. 

MRC handles this in the US whilst the JICWEBs reporting standards of ABC
handles this in the UK and AGMA  is the German audit body. Here is
a longer list
and here is ABC


Kathy Joe


Received on Friday, 8 March 2013 14:37:41 UTC