Dr. Frederik Borgesius Improving Privacy Protection in the area of Behavioural Targeting Privacy & Innovation, Hong Kong 8 June 2015
Behavioural targeting: tracking
Targeting
Targeting
Targeting
Targeting
Tracking
Tracking
Current laws: Important role for consent OECD Privacy Guidelines APEC Privacy Framework Hong Kong Privacy Ordinance EU Data Protection & e-Privacy Directive US Federal Trade Commission … …
Behavioural studies: People always click OK Whateverbutton, Borra & Stevenson 2007
Informed consent doesn’t work 0.1 - 1 % of people clicks on privacy policy Those people don’t look long enough to read Several weeks a year needed to read all privacy policies we encounter Marotta-Wurgler 2011, Cranor & McDonald 2008
Tracking wall, NL Public broadcaster
Tracking wall, NL Public broadcaster No consent, No access
Tracking wall, RTL
Tracking wall, RTL No consent: No access
Look beyond informed consent
Data protection principles should fully apply Those profiles are not “anonymous” They are personal data
Rules for personal data processing: - Not excessive - Fair and transparant - … - …
Debate needed: Which practices are acceptable in our society, and which not?
Specific prohibitions?
Specific prohibitions? - No tracking walls in certain contexts - No tracking at all in certain contexts (Public service media, government websites … )
Conclusion Focus more on protecting people Focus less on empowering people
Thank you!
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