Re: Reminder: TPWG Call tomorrow 9am Pacific (6pm Germany)

Hi Aleecia, Matthias,

I have collected the following four links for the TPWG:

(1) The European Data Protection Supervisor reviewing the ePrivacy 
Directive specifically refers (p. 16) to Do Not Track, and says 
"Adherence to accepted technical and policy compliance standards by all 
parties concerned, including the operators of the website, should become 
obligatory"

https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2016/16-07-22_Opinion_ePrivacy_EN.pdf

(2) The Article 29 Working Party issues its opinion with regards to the
ePrivacy review as well [1].

On DNT is says (p.17): 
http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2016/wp240_en.pdf

"The Working Party calls on the EC to pay special attention to the 
position of news media, since they seem to be the heaviest users of 
tracking cookies and cookie walls 18 . There is a clear democratic need 
to ensure the economic survival of news media. However the EC should not 
accept that news media impose invasive tracking of users. When consent 
is the applicable legal basis, users must be provided with truly easy 
(user friendly) means to provide and revoke consent. The Working Party 
recommends rephrasing the requirements in the current Recital 66 of 
Directive 2009/136/EC. Instead of relying on website operators to obtain 
consent on behalf of third parties (such as advertising and social 
networks), manufacturers of browsers and other software or operating 
systems should be encouraged to develop, implement and ensure effective 
user empowerment, by offering control tools within the browser (or other 
software or operating system) such as Do Not Track (DNT), or other 
technical means that allow users to easily express and withdraw their 
specific consent, in accordance with Article 7 of the GDPR. Such tools 
can be offered to the user at the initial set-up with privacy-friendly 
default settings. Adherence to accepted technical and policy compliance 
standards must become a common practice. In addition, website operators 
should respect and adhere to browser control tools or other user 
preference settings."

(3) The GDPR Regulation (EU) 2016/679 is here: 
http://eur-lex.europa.eu/legal-content/NL/TXT/?uri=CELEX%3A32016R0679

Article 21, Right to object, 21(5). "In the context of the use of 
information society services, and notwithstanding Directive 2002/58/EC, 
the data subject may exercise his or her right to object by automated 
means using technical specifications."

(4) The e-Privacy Directive is currently under review. The European 
Commission's website about the consultation contains a background 
Section that may read as a primer on this topic. 
https://ec.europa.eu/digital-single-market/en/news/eprivacy-directive-commission-launches-public-consultation-kick-start-review.

Regards,
Rob

Aleecia M. McDonald schreef op 2016-08-30 21:33:
>> On Aug 30, 2016, at 11:12 AM, Shane M Wiley <wileys@yahoo-inc.com>
>> wrote:
>> 
>> Does it make sense to have tomorrow's call if one of the main items
>> we're waiting to discuss is the feedback you receive at TPAC?  Could
>> we postponed to September 28th so you'll have that information in
>> hand?
>> 
>> Shane Wiley
>> VP, Privacy Policy
>> Yahoo
> 
> If we do have things to talk about before TPAC, this is our only
> window I think, so this is a good time for a call.
> But if there are no such details to discuss, I agree with Shane that
> it makes sense to postpone.
> 
> Matthias, your v.3 email looks good. Perhaps you could mention the
> specific regulations you have in mind (GDPR at least.) If you know the
> speakers, perhaps list them by name / title.
> I will call in to TPAC if that is possible. Time zones are what they
> are.
> 
> (At this point I have had good discussions with two people, from two
> different companies, each of whom runs hackathons. Both say it is fine
> for college students but will not attract professionals. I doubt
> college students are particularly useful to us. Let’s see how TPAC
> goes and adjust from there.)
> 
>  Aleecia

Received on Tuesday, 30 August 2016 21:04:47 UTC