Tuesday, August 30, 2011

EU data protection exacerbate dispute over cookies

EU data protection exacerbate dispute over cookies

The "Article 29" group of European Data Protection Supervisor rejects the recommendations from industry associations for behavior-driven advertising and the associated use of cookies. The proposal of the Internet Advertising Bureau (IAB ) and the European Advertising Standards Alliance (EASA ) allow it only to insert via an opt-out of opposition to the recording of user behavior, wrote the chairman of the Association, Jacob Kohnstamm, in a recently published letter (PDF file) of the two organizations. The new EU privacy regulations however, demanded an "informed consent" in a prosecution of online activities with cookies.

That every surfer who the "tracking" does not contradict explicitly endorse this already, Kohnstamm holds for illusory. A real choice for an intelligible description of the existing facilities will be using the opt-out notice at the border is not given by banner ads. The explanation of the economy that a website operator to work normally with different marketing networks, and would have to obtain consent for all, not considered valid by the head of the group. The legislation clearly relate to each ad network. An agreement to set each Webkrümels on the hard drive is certainly not necessary. A single opt-in applies to the entire marketing partners. In addition, a central activation site for behavioral advertising is conceivable.

The 2008 adopted EU Directive on Privacy and Electronic Communications regulates, among other things, access to information stored about the user on hard disks or USB sticks, by third parties. Manipulation of files stored on the equipment of a subscriber or user, are permitted in May, according to the in force regulation only if the person has "on the basis of clear and comprehensive information" given his consent. Procedures are still excluded, whose "sole purpose of carrying out the transmission of a communication over an electronic communications network" in order for a specifically desired service can be provided.

The method is to "be as user friendly as possible," according to the e-privacy directive. If it is technically feasible and effective, it said, could the consent of the user "can be expressed by using the appropriate settings of a browser or other application." Even to this paragraph, the EU data protection have taken a position. Their interpretation by the request is done only satisfied if the default refuse to accept cookies and users would be informed in general about the browser files. The manufacturer of the navigation tools have improved, although the administrative options in the past year. By default, however, would still accept cookies.

The EU privacy advocates continue to criticize that, under the industry standard just a small graphic notes in a banner on the opt-out opportunity. This solution will not bring the average user to click on the icon and additional information on a website linked to is not currently available in German translation website to obtain . The success of Enlightenment there was also confusing, since they are not serious notes on the implications for the privacy of users and the profile building with unique cookie identification numbers. At a meeting in September, both sides now want to talk about how to proceed.

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