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Experienced Tech and Compliance Lawyer and Manager with a proven track record in private…
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I just got mail from Denmark! My good friend Niels B. Christiansen sent me a package and I’m excited to share its contents with you. Since it’s the…
I just got mail from Denmark! My good friend Niels B. Christiansen sent me a package and I’m excited to share its contents with you. Since it’s the…
Beliebt bei Thoralf Knuth
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Michael Cole
AI can be a huge efficiency gain, even for lawyers. From summarizing statutes and finding examples to proofreading, AI can speed up tedious tasks. But we obliged to use AI under the Rules of Professional Conduct. I take a closer look at competence, confidentiality and communication in this article. Thanks to Reuters for partnering on this publication! https://lnkd.in/dRtYwq5A
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The Data Protection and Privacy Hub™
EDPB issues opinion casting doubt on legality of pay-or-consent models: The European Data Protection Board issued a nonbinding opinion on the legality of pay-or-consent models in the context of obtaining valid consent to process personal data. The EDPB ruled, "in most cases," large online platforms offering a binary choice between paying to prevent personal data from being processed for behavioral advertising or consenting to targeted advertising does not align with the EU General Data Protection Regulation. IAPP Staff Writer Alex LaCasse reports on the major takeaways from the ruling. Full story #dataprotection #dataprivacy #privacy
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Victor Odhiambo Akuom
While data scraping offers many benefits for research, analysis, and decision-making, users must be mindful of ethical considerations and legal implications. Respecting terms of service, protecting data privacy, and complying with copyright and data protection laws are essential aspects of responsible data scraping practices.
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Brandi M. Bennett, CIPP-US
Let's talk data retention: Pump and Dump for sensitive data like precise Geolocation, logins, pins, etc. (e.g. nanoseconds) 13 months gets you YOY data for analytics on things like site visits, sales, etc. 2 years is probably reasonable for most contexts, including advertising. (Don't forget most data has a sell-by date like milk.) 7 years is your usual retention period for HR/Financial Data but may vary by jurisdiction. Indefinitely is probably a no-no in most settings outside of stuff like criminal and health records. There's obviously some case by case exceptions for things like fraud, cyber security, etc. What else am I missing?
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Mariana M.
The EDPB adopted an Opinion following a request by the Dutch, Norwegian, and Hamburg Data Protection Authorities (DPA) under Art. 64 (2) GDPR. The Opinion addresses the validity of consent to process personal data for the purposes of behavioral advertising in the context of ‘consent or pay’ models deployed by large online platforms. It stated that "In most cases, it will not be possible for (large online platforms) to comply with the requirements for valid consent if they confront users only with a choice between consenting to the process of personal data for behavioral advertising purposes and paying a fee." The decision is nonbinding and either Ireland's Data Protection Commission will apply the opinion or the Dutch, Norwegian and Hamburg data protection authorities — will issue their final decision on pay-or-consent models' legality in the context of the GDPR as they further investigate Meta, which had first to implement such a model. https://lnkd.in/dNdRJqMH
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Lucy Gilmore
Morning! Anyone surprised about the EDPB's opinion that "pay or consent" is NOT okay for privacy legal purposes? *Would anything meta did ever be okay in the EDPB's opinion?.... Initial thoughts: What's the legal problem? The problem isn't advertising per se. It's targeted/behavioural advertising. This tracks individuals' browsing habits so the ads displayed to them when using meta, are relevant to the user. The "issue" with this, from a strictly legal pov, is it processes personal data for advertising, which ordinarily requires consent. Under the GDPR, consent has to be freely given - and if the user has no real choice, it fails at that hurdle. What's the reality? Organisations need to make money and people want to buy things. What's the privacy impact? I think part of the problem is people are not sufficiently aware how it all works behind the scenes, so they can't make an informed choice. Transparency really is key. Is the targeted ads market really "mass commercial surveillance"? To show me relevant ads, in SOME circumstances, information on my browsing habits is collected - such as what websites I've visited, purchases made, searches I've ran or my interactions with online content. I can then be segmented into a group with similar interests to me so that I can be delivered ads which align with my interests. I guess there's a number of concerns - to name a few - this segmentation data is stored in databases which may reveal a lot about me and may be exposed to data breaches, this data could contain some sensitive info, and I may not want others to know about my private browsing habits or feel like I'm being watched etc etc (frankly my browsing habits are fairly boring and I'd far rather see ads about the best anti-aging serum than ads about fishing tackle, but that's just me..). What's the options? I think it's fine to expect payment for use of a service like Meta - but what about smaller start ups who are trying to build their consumer base? We need new businesses and innovation and orgs need to make money -- they rely heavily on targeted ads to filtrate the market. Perhaps the general practice of targeted advertising which needs some review to increase transparency and trust as well as the practices of platforms the ads are placed on. Does model of "behavioural advertising only with "GDPR standard" consent" mean that platforms can no longer deploy frequency capping, attribution, anti fraud or analytics either? What is the impact of that on users and others? Many questions for my curious brain as always... In summary: Whilst personally, I would absolutely prefer to see ads about things I'm interested in (yes I'm a sales person's dream), some people would rather not - and that's okay. People should have choice in how their data is processed and what they do or don't sign up to. However, if people have a genuine concern about or expectation of privacy, query their use of some online services in any event...* *opinions are mine*
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