Neelie Kroes Vice-President of the European Commission responsible for the Digital Agenda Online privacy – reinforcing trust and confidence Online Tracking Protection & Browsers Workshop Brussels, 22 June 2011. Her speach here..
So, it’s Do Not Track (DNT) then!
Neelie Kroes comments at the Online Tracking Protection & Browsers Workshop in Brussels, 22 June 2011 seem to confirm that Industry and Regulators are settling on a consensual ‘half-way house’
What began as ‘PRIOR informed consent’ was then re-drafted as ‘informed consent [whenever you can get it, notwithstanding that this normally means before the event]’ has now become ‘unless you tell me you don’t want it’. Mmmm.
Ms Kroes said;
“it is encouraging to see that the advertising associations EASA and IAB Europe recently adopted a Best Practice Recommendation and Framework on behavioural advertising. Their approach consists of an icon on each targeted ad, coupled with an information website that allows the user to switch off behaviourally targeted display ads from any participating company. This currently works by setting opt-out cookies and is backed by an enforcement mechanism.”
Forgive me, but shouldn’t the user be switching behaviourally targeted display ads ON, not OFF.
Is the ‘regulator’ suggesting that it is alright for the ‘cookie setter’ to ASSUME CONSENT ON THE BASIS OF NON-RESPONSE?
95/46/EC defines 'the data subject's consent' as meaning ‘any freely given specific and informed INDICATION of his wishes by which the data subject SIGNIFIES his agreement to personal data relating to him being processed’
Should I fail to see the icon telling me that I am being tracked (I’m easily distracted), at what point do I INDICATE to the ‘cookie setter’ that I consent to their processing of my personal data? I don’t!
As Ms Kroes points out;
‘The point, therefore, is that users should be able to know, and control, when and to whom they give their information and how it will be used. Hence we need, once again, transparency, fairness and user control’
.. but not informed consent.
Guess that 'eighteen wheeler' is getting closer :-)