Re: ISSUE-219 (context separation)

Question¡¦
Just for purpose of mental processing isn¡¯t this statement more succinctly
written. 
"the third party MUST NOT use data gathered in another context about the
user.¡±

Adding ¡°other than with their explicit consent¡± adds nothing substantive
as I can¡¯t imagine the compliance spec is ever meant to undermine the
explicit consent of the user
And adding ¡°or for permitted uses as as described within this
recommendation¡± also is just fluff as there shouldn¡¯t be a case where
permitted uses aren¡¯t explicitly permitted¡±

Just to be clear, and per Alan¡¯s comment, I would read that simpler text
to mean that a 3rd party couldn¡¯t use data collected in a 1st party
context, but it isn¡¯t clear that a 1st party who later appears in a 3rd
party context couldn¡¯t use data?

-Brooks




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Brooks Dobbs, CIPP | Chief Privacy Officer | KBM Group | Part of the
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On 6/24/14, 3:52 PM, "Alan Chapell" <achapell@chapellassociates.com> wrote:

>Hi Walter -
>
>This language doesn't seem to address a first party acting in a third
>party context. Was that by design?
>
>I strongly support re-inserting the language around first parties not
>being able to use data outside the Context in which it was collected.
>
>Alan
>
>
>
>
>
>On 6/24/14 3:29 PM, "Walter van Holst" <walter.van.holst@xs4all.nl> wrote:
>
>>On 24/06/2014 17:57, Ninja Marnau wrote:
>>> Hi John, hi Mike,
>>> 
>>> we wil probably start a Call for objections on the topic of context
>>> separation this wee. Could you take a look at Walter's proposal to see
>>> whether it does reflect your text for data append and first parties: "A
>>> Party MUST NOT use data gathered while a 1st Party when operating as a
>>> 3rd Party.©÷
>>> 
>>> Here is the link to Walter's text:
>>> 
>>>https://www.w3.org/wiki/Privacy/TPWG/Change_Proposal_Limitations_on_use_

>>>i
>>>n_Third_Party_Context#Proposal_2:_Prohibit_use_of_data_collected_as_any_
>>>t
>>>ype_of_party
>>> 
>>
>>Mike, John and I have had a fruitful discussion, which resulted in a
>>more precise wording of what I wanted to achieve and I have updated the
>>text accordingly to:
>>
>>"... the third party MUST NOT use data gathered in another context about
>>the user, other than with their explicit consent or for permitted uses
>>as defined within this recommendation."
>>
>>I feel this is a make-or-break issue for the compliance specification
>>which on top of the privacy issue also has competition implications. A
>>strong separation between 1st and 3rd party roles is a must for this
>>compliance specification to be credible.
>>
>>Regards,
>>
>> Walter
>>
>>
>>
>
>
>

Received on Tuesday, 24 June 2014 20:18:25 UTC