Re: ISSUE-219 (context separation)

On 24/06/2014 22:10, Shane M Wiley wrote:
> Wouldn’t many first parties be able to argue they have user consent
> (implied or explicit) to do this thus trumping this provision?  If yes,
> then perhaps this isn’t an issue as 1^st parties will still be able to
> use data collected in the 1^st party context in a 3^rd party context
> (use only; all collection is still covered by DNT).

The usual lawyer is: it depends. I think a very rough answer would be
that in most common law jurisdictions it would be a reasonable starting
position. For civil law jurisdictions, especially with EU-style data
protection laws, that may still be the case as far as there is explicit
consent and the user can reasonably foresee the kind of data gathering
that would take place. Beyond that, I rather doubt that. But I happen to
be of the opinion that certain tracking activities are simply not
allowed, not even in the presence of a DNT:0 signal.

Regards,

 Walter

Received on Tuesday, 24 June 2014 21:57:15 UTC