Web users are not yet deleting Flash cookies as often as they shed more traditional cookies, but that doesn’t mean it’s a good idea to use Flash technology to track consumers online. That’s according to a new report commissioned by media audit company BPA Worldwide.
The report, authored by analytics expert Eric Peterson, warns that the use of Flash cookies, also called “local shared objects,” to override consumers’ choices could invite new privacy laws. “With the attention given to consumer privacy on the Internet at both individual and governmental levels, we believe that companies making inappropriate or irresponsible use of the Flash technology are very likely asking for trouble, (and potentially putting the rest of the online industry at risk of additional government regulation),” writes Peterson, CEO and principal consultant at Web Analytics Demystified…..
Jules Polonetsky quoted: “…Says he supports Peterson’s recommendations, but would go one step further. He says that companies also should refrain from using Flash cookies for tracking, given that most consumers don’t know about the technology. “To use a mechanism that most users are unaware of to track them is extremely poor privacy behavior,” Polonetsky says.”
Comments to the FCC on Open Internet and Broadband
This afternoon we filed comments to the FCC which address their October 22nd 2009 Notice of Proposed Rulemaking (NPRM) focused on “Preserving the Open Internet and Broadband Industry Practices.” The FCC’s request for comments are an important opportunity for us to highlight the fact that Broadband access and use implicates numerous privacy and data security issues. Thus far, much of the conversation surrounding broadband Internet access, has focused on ensuring that service providers do not interfere with user privacy rights, which is an important goal. However, equally important is the goal that the Commission should ensure that any new rules it adopts do not impair broadband Internet access service providers’ ability to protect consumer privacy online. As we state in our comments, “The collection, use, sharing, security, and disposal of personal information occurs at many places on the Internet and often involves numerous parties in the broadband ecosystem. These activities create risks to consumers such as identity theft, and they raise concerns about the unwanted distribution of personal information to unintended recipients. … Consumers only will expand their adoption and usage of broadband services and technologies if they can be confident that there are adequate privacy and data security protections available. Thus, ensuring that broadband Internet access service providers can deploy innovative tools to protect consumers’ personal information and respond to evolving security risks is a critical element in promoting an open Internet and facilitating broadband use.”
Authored by: Jules Polonetsky and Christopher Wolf
Social Networking: Your Key to Easy Credit
Social Networking: Your Key to Easy Credit?
CNBC.com
By Erica Sandberg
January 13, 2010
You probably don’t analyze the chatter or quality of your social media connections, but creditors may be doing just that. In their quest to identify creditworthy customers, some are tapping into the information you and your friends reveal in the virtual stratosphere. Before calling the privacy police, though, understand how it’s really being used.
According to Nielsen Online, 67 percent of the global online population uses Facebook, Twitter, Linkedin or a similar social media network to stay in touch with friends, grow their business or just have fun. If you’re among them and your settings are turned to “public,” who you’re talking to and what you’re discussing is available to those wanting to sell their wares — and that includes banks and other credit issuers.
Jules Polonetsky quoted: “It’s shocking to users. It goes beyond the kind of data use that people feel comfortable with.” More, he says, this application of behavioral marketing risks driving legislative action. “The general use of data is the subject of hot debate in Washington. The Federal Trade Commission is examining its view of behavioral data, trying to get to the appropriate rules. The entire future of behavioral marketing use is up in the air and this could upset the apple cart.”
Featuring a variety of experts, including Jules Polonetsky of FPF and Brendon Lynch from Microsoft for a discussion about empowering consumers to take control of their online reputations.
The Privacy Working Group: Transatlantic Harmonization: The US, EU and Finding the Future in Privacy
Transatlantic Harmonization: The US, EU and Finding the Future in Privacy
Presented by The Privacy Working Group
Featuring:
Karin Riis-Jorgensen, Chairwoman of the European Privacy Association & Former Danish MEP
Jules Polenetsky, Co-Chair & Director of the Future of Privacy Forum
Hosted by:
Robert Atkinson, President of the Information Technology and Innovation Foundation
Tom Schatz, President of Citizens Against Government Waste
Monday, January 25, 2010
6:00PM – 9:00PM
Meridian House
1630 Cresent Place, NW
Washington, DC 20009
Please RSVP to [email protected] or contact Emily Schmidt at (202)772-2160 for more information.
Smart Grid Consumer Privacy Seal Launch Press Release
The Future of Privacy Forum and TRUSTe Launch a Smart Grid Privacy Seal Program
Leaders in Government and Industry Voice Their Support
The Future of Privacy Forum has developed a first of its kind privacy seal program for companies that use consumer energy information. The seal will be powered by TRUSTe, the leading data privacy management company with over 5,000 customers.
The seal will be available to companies offering home energy management, remote home control or security, smart thermostats and other services that seek to access consumer energy data.
To create the program, FPF and TRUSTe worked with companies including AT&T, Comcast, Ecofactor, IBM, Intel, Motorola, Neustar, Opower, Tendril, and Verizon. Utilities and utility regulators also provided input on the program. The program will include an advisory committee including Edison Electric Institute, the GridWise Alliance and consumer advocates.
“Consumers, utility regulators and utilities must all be sure that companies that seek to access consumer energy data gain consumer consent and have responsible privacy practices in place,” said FPF Director Jules Polonetsky.
“The seal program is exactly the kind of self-regulatory approach that augments the legal framework protecting privacy, especially in an area that is new and developing,” said FPF Founder and Co-chair Christopher Wolf
“As a number of new and upcoming innovations for the home rely on the collection and use of consumer energy data, a self-regulatory program powered by independent third party enforcement will ensure that participating companies commit to responsible practices,” said TRUSTe CEO Chris Babel.
“I applaud the Future of Privacy Forum’s new privacy seal program which will help to ensure that personal consumer-usage data is strongly protected. The seal is a reflection of Privacy by Design which requires that a proactive approach be taken. PbD recognizes that privacy is best assured when it is strategically interwoven into operational processes and business practices,” said Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, an international leader in privacy issues.
“Opower works in partnership with 75 US utilities to deliver personalized energy-saving insight in a manner that ensures maximal data security and privacy. We applaud FPF for its leadership in developing this seal program, which will help ensure best practices as utilities seek to enhance consumer data access,” said Arkadi Gerney, Opower’s Senior Director for Policy, Partnerships and Public Affairs.
“Our work with utility companies and their customers around the world continually points to a shared, global concern over data privacy,” said Dan Fredrickson, Associate General Counsel for Tendril. “We are very proud to have been a part of this landmark consumer privacy initiative and believe it represents a big step towards alleviating consumer concerns.”
Intel Corp. and Microsoft Corp. are promoting the idea of advanced digital signs in stores that aren’t just for shoppers to look at. These look back.
The two technology giants said Monday that they will collaborate to help companies create and use new forms of digital signs. By exploiting Intel chips and Microsoft software, the companies hope to bring more interactivity to such devices and help retailers customized marketing offers to consumers.
Signs equipped with cameras and specialized software could recognize the age, gender and height of people in front of them…read further
Important Comments by the FTC Chair and the Consumer Protection Chief to the NY Times Today
“Previous commissions had looked at privacy under the framework of whether consumers were harmed, and with the basis that companies must advise consumers about what they’re doing and obtain their consent, Mr. Leibowitz said. But companies “haven’t given consumers effective notice, so they can make effective choices,” he said.
Advise-and-consent “depended on the fiction that people were meaningfully giving consent,” Mr. Vladeck said. “The literature is clear” that few people read privacy policies, he said.
While first-party uses of data were generally within consumers’ reasonable expectations, he said, more questions arose around data brokers, data aggregators, social network, cloud computing and mobile marketing. (These subjects will be part of a Jan. 28 F.T.C. roundtable on privacy, held in Berkeley, Calif.)
There was also a problem with companies conflating consent, Mr. Vladeck said, for example, if a Web site asks people to agree to a transaction and to letting their data be sold in one form. “I don’t necessarily think that’s fair,” Mr. Vladeck said.
On the other hand, Mr. Leibowitz said, “if you require very strict multiple notices, consumers may tune that out,” Mr. Leibowitz said.
“Philosophically, we wonder if we’re moving to a post-disclosure era and what that would look like,” Mr. Vladeck said. “What’s the substitute for it?”
He said the commission was still looking into the issue, but it hoped to have an answer by June or July, when it plans to publish a report on the subject. Mr. Leibowitz gave a hint as to what might be included: “I have a sense, and it’s still amorphous, that we might head toward opt-in,” Mr. Leibowitz said.
He said he wasn’t yet sure if that would be the case or what that might look like. “
In Wake of '09 Data Mergers, Hyper-Targeting to Take Shape in 2010 – ClickZ
http://www.clickz.com/3636008
The major ad agencies are already major data aggregators and are on the way to broader levels of data use than ever. Are they ready to be responsible custodians of this data? Hiring a Chief Privacy Officer is not a magic bullet, but it is hard to see how a major enterprise can have a handle on the challenges of navigating law, client needs and consumer sentiment in multiple jurisdictions without a senior executive empowered to focus directly on data issues.
WPP has been relying on Kantar Group privacy lead George Pappachen for companywide initiatives, including working with the Future of Privacy Forum and the coalition of industry groups to develop privacy icons. We have seen ads that Omnicom has placed seeking a senior privacy lawyer. We hope the other major agencies also recognize the challenges posed by the flood of data now available to them and the concerns that government, advocates and consumers have about trustworthy online practices.
Data transfers from the EU to Israel soon to be "Kosher".
From the Opinion of the Article 29 Working party of European Data Commissioners:In conclusion, taking all of the above into account, the Working Party believes that Israel guarantees an adequate level of protection according to provision 6 of Article 25 of Directive 95/46/EC from the European Parliament and the Council, dated October 24th 1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in relation to automated international data transfers or, in the case they are not automated, they are subject to further automated processing in Israeli territory.”
Final approval from the European Commission is still required, but the proceedings of the Art 29 group are where the essential policy review takes place.
Our congrats to Israel’s “Privacy Commissioner”, Yoram HaCohen, the head of the Israeli Law, Information and Technology Authority and the ILITA staff. Make your plans to celebrate with Yoram and his team in Israel in October, as Israel will be the host of the annual conference of data authorities from around the world. Join the ILITA email list to stay up on the conference details.
