- From: Walter van Holst <walter@vanholst.com>
- Date: Fri, 16 Dec 2016 16:55:39 +0100
- To: public-tracking@w3.org
On 2016-12-16 13:45, Jeff Jaffe wrote:
> Mike,
>
> Thanks for the pointer.
>
> I didn't see where this pointed to any W3C Standard for Do Not Track,
> or any compliance regime. Is it correct that any utilization of any
> (non-standard) browser setting and any compliance definition would
> satisfy these regs?
No, I would not say so. The leaked e-Privacy Regulation refers in
article 8(2) sub b to article 21 of the GDPR ("When such data is used
for direct marketing or profiling, the end-user shall have the right to
object as provided for in Article 21 of the GDPR;")
Article 21(5) GDPR says:
" 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."
That part was put in for the purpose to allow DNT-like mechanisms to be
established. I'm grateful it doesn't say "standard" because in European
legislative lingo that would mean a standard set by a traditional
standardisation body such as ISO.
This was included via an amendment proposed by Jean-Philipp Albrecht, of
whom you have seen an e-mail earlier.
Regards,
Walter
Received on Friday, 16 December 2016 15:56:15 UTC