Transparency, Choice and Consent key words for cookies
At the Privacy Platform Meeting in the EP, Belgian Data Protection Supervisor Mr Debeuckelaere presented the opinion about online behavioral advertising.
(see below for a video summary of the Privacy Platform Meeting).
TIC
The opinion was adopted just before by the Working Party of European Data Protection Authorities. The opinion focuses on "TIC": Transparency, Information, Consent". The Article 29 Working Party expressed its concern about the implications for privacy and data protection of the widespread practice of behavioural targeting. Mr. Debeuckelaere says that what is at stake is that many consumers are not aware that their surfing behavior is being monitored and data are being stored for advertising purposes. The opinion points out the need to adhere to the EU data protection regulatory framework.
Online behavioral advertising
The Privacy Platform, chaired by Mrs in ’t Veld, is a regular, informal event, bringing together different stakeholders on privacy related topics. Today, over 100 representatives from industry, privacy activists, EU institutions, governments, and European data protection supervisors discussed the privacy aspects of behavioral advertising. Behavioral advertising is the tracking of consumers on the internet, mainly with the use of cookies. The data are used for advertising targeted to the individual consumer's specific interests, based on his profile.
overhaul
The debate was particularly topical, as the European Commission is currently preparing a radical overhaul of the EU data protection framework.
The industry is trying to respond to privacy concerns of users, and it is in the process of developing various tools for transparency and user control. Looking at the revision of the data protection framework, the panelists representing industry warned against excessively detailed legislation, that might stifle innovation and development. Some speakers considered existing regulation is principle based, and applies even to the newest technologies. In their view, no new legislation is needed, just better enforcement and compliance.
critical
Representatives of Privacy International and the Electronic Frontier Foundation on the other hand, were more critical, and pointed out that the user control tools don't go nearly far enough, because they do not allow for the complete erasure of profiles, and some data collection, for example by flash cookies, remains invisible and outside the control of the user. Moreover, they argued that the necessity of advertising for funding the internet is overstated, so that the storage of data and the use of profiles is not fully justified.
inquiry
In 't Veld underlines that users will vote with their feet, using their consumer power to make privacy a competition factor. "But in order to ensure that companies have an incentive to keep improving their privacy standards, we must ensure fair and unfettered competition in online advertising and search engines", In 't Veld says. As rapporteur for competition issues in the Economic Affairs committee, she urges the European Commission to conduct a sector inquiry into online advertising.
´opt in´ and ´opt out´
On the issue of consent, opinions varied. Both data protection supervisors and privacy activists preferred an "opt in" system, where users actively chose for their data to be used for behavioural targeting. Industry on the other hand preferres the "opt out" system, where users indicate they opt out of (parts of) the profiling system.
´C´
In addition to the "C" of Consent and user Control, the "T" of transparency was a key word for all. During the meeting, Mrs In ’t Veld suggested adding one more C to the key message; “choice“, because Internet users must have a real choice. "Often internet users are more or less obliged to give their consent, as there is no alternative. Users must have a real choice, otherwise it is just token consent", In 't Veld said.
data protection rules
She also stressed the importance of a single set of data protection rules, applying equally to the private and the public sectors. "We must regulate the use of personal data for commercial pruposes, but the same standards of data protection should apply to the use of those same data by public authorities for law enforcement purposes. We often do not realise how government agencies are using data collected by companies for commercial purposes. But different rules apply to the private and public sectors. That must be corrected", In 't Veld says.
Speakers of the panel were:
Mr. Willem Debeuckelaere, President of the Belgian Data Protection Authority and Member of the Article 29 Working Party
Ms. Anne Toth, Vice President and Global Privacy Officer of Yahoo!
Mr. Alexander Singewald, President of the Singewald Consultants Group, Member of the Legal Affairs Committee FEDMA
Mr. Kimon Zorbas, Vice President of IAB Europe
Mr. Alexander Hanff of Privacy International
Click to watch the clips of the speakers:
Introduction by Sophie in ´t Veld, chair of the Privacy Platform
Mr. Willem Debeuckelaere Part 1
Mr. Willem Debeuckelaere Part 2
Mr. Hanff, Privacy International
