Re: Consolidated Proposal for Definition of Collect


I think this definition depends on what it is to "share".  My concern with "share" is that I think there are divergent opinions on its meaning which range from:

  1.  Taking possession of a thing oneself and then passing/copying it on to another, to
  2.  Facilitating another to take possession of a thing without ever possessing the thing yourself

It would seem illogical to me to have a definition of collect that would mean I have collected a thing if I merely facilitated another to collect it but did not get it myself (and for that matter may not know that the other party received it).  True, you may wish that I had not facilitated the other to receive it, but the term just seems unfair if I never received it or had knowledge of the other parties specific receipt .   I am thinking specifically of a website having been deemed to have collected cross site pii merely because it embedded e.g. a social media icon which allowed another party to come into possession of such information.

Should we add "share" to the list of definitions in the TPE?


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From: Vinay Goel <<>>
Date: Wednesday, October 30, 2013 2:15 PM
To: "<> (<>)" <<>>
Cc: David Singer <<>>, Lee Tien <<>>
Subject: Consolidated Proposal for Definition of Collect
Resent-From: <<>>
Resent-Date: Wednesday, October 30, 2013 2:16 PM

Hi Working Group,

David S, Lee and I have been trying to consolidate our change proposals over the definition of ‘collect’.  We felt we were initially close with our different proposals, and after a few emails, we are all comfortable with the following language:

"A party collects data if it receives data within a network interaction and either shares that data with another party or retains that data after the network interaction is complete."

This language is dependent on having a definition of network interaction (Issue-228).  With that, I believe we are all comfortable removing our initial change proposals for collect  I believe this removes David’s change proposal around ‘retain’, but it does not effect Lee’s.  Lee’s change proposal for ‘retains’ is the only alternative text to the Editor’s draft.  I also believe that this encompasses Jonathan’s proposal (but have not verified that with him).  David/Lee — let me know if I got that wrong.

I’m going to work with Lee, Amy and Chris P to see if we can combine some of the change proposals around ‘share’.


Received on Wednesday, 30 October 2013 21:34:28 UTC