Re: tracking data (was Re: [TCS] comments on 17 Feb 2015 editors draft)

On Apr 9, 2015, at 7:48 AM, Walter van Holst wrote:

> On 2015-04-09 16:38, Justin Brookman wrote:
>> Right, this is a different issue than the use of the term "tracking
>> data."  Contractual agreements with third parties to not try to
>> reidentify data sets are one way to ensure that deidentified data
>> stays that way.  For example, the FTC's test for deidentification is
>> (1) a reasonable belief that the data can't be reidentified, (2) a
>> commitment not to reidentify, and (3) a commitment not to reidentify
>> from everyone you give the data set to.
>> I personally would be fine adding language about this to this
>> non-normative guidance --- would just adding "and agreements" to the
>> second bullet do it?
> 
> Substitute "agreements" with safeguards and put in non-normative language that safeguards may be provided through agreements and we're closer to meaning and scope of the original text again.

Technical safeguards are mentioned in the first bullet.  I am fine with
Justin's addition of agreements to the second bullet (even though it has
nothing to do with the removal of "original tracking data" that we have
been discussing).

I don't consider agreements to be a safeguard -- I thought the whole point
of being a safeguard was that it is effective even if a business fails
to uphold an agreement.  Hence, the separate bullets.

....Roy

Received on Thursday, 9 April 2015 19:24:38 UTC