If my data ‘fuels of the digital economy’, pay me!
At the recent Westminster eForum on the European Data Protection Framework, Nick Stringer, IABUK Director of Regulatory Affairs (@nickstringer), said that personal data was the “fuel of the digital economy”. The thrust of his point being that ‘harder’ consent mechanisms embedded in the new European Data Protection Framework (EDPF) would cut-off this fuel supply and …
New advertising rules for ‘energy-related’ products
This is a compliance ‘heads-up’ for anyone who is marketing ‘energy-related products’ From the end of March 2012, ads for types of energy-related products (e.g. dishwashers, TVs, fridges etc) must comply with new ASA rules. What do the new rules say? From April 1st 2012 consumers must begiven information about the energy efficiency of a …
Digital Cream 2012 EU Cookie Law round table
EU Cookie Law – time to get into the detail! Really looking forward to tomorrow’s Digital Cream 2012 event at the Emirates Stadium, London. eConsultancy have asked me to moderate the round table session on the implementation of the ‘EU Cookie law’ (PECR 2011), which is just a great opportunity to both empathise with …
LOCOG ‘Olympic Betting’ Guidelines published
New LOCOG industry guidance on complying with Olympic Legislation Knew that we ventured on such dangerous seas That if we wrought out life ’twas ten to one —William Shakespeare, Henry IV, Part II, Act I, Scene 1 lines 181–2. The odds seem clear that the latest guidance from LOCOG on the application of the key Acts …
ASA gives ’1 Star!’ for misleading customer reviews
This week the ASA has upheld a complaint about Ebuyer (UK) Ltd and their manipulation of user generated content (UGC) on a website. Ebuyer helpfully informed customers that the “Foehn & Hirsch Portable WiFi Internet Radio (Black)” had a ‘four and a half star’ review rating out of 17 customer reviews. The web marketing team …
House Files, ‘From lines’, Data Owners et al.
Is it just me, or is this all a bit confusing? ICO Help Desk, Law and Best Practice all in apparent disarray! Try this scenario with the ICO: I’m a data owner, I rent an opt-in ‘House list’ to data users, the data users create branded email messages and our subcontractor (data processor) sends them …
Deciding what’s strictly necessary should prove interesting
Strictly come .. necessary Sorting out the strictly necessary from the necessary and the nice to have is going to prove challenging. I wonder how much information we will see dropped/pulled from browsers despite a DNT tag or cookie opt out PECR 2003 Regulation 6 (4)(b) Paragraph (1) shall not apply to the technical storage …
Express, implied, explicit .. whatever!
It’s all about consent; we haven’t got it right yet and judging by the latest EC Directive we’re not about to get it right any day soon. We have struggled for decades with legal Nomenclature and clarity of meaning. For over ten years now (yes the Data Protection Act 1998 is that old) I have …
It’s the ‘T’ in DNT that matters
As Facebook refutes its own cookie tracking activities, their defensive comment reveals one of the major compliance issues organisations have, as they struggle with new regulatory and legislative requirements. If the balance of power swings from the ‘aggressive, factually correct, prior informed consent’ view of the Article 29 Working Party, to the more business-centric, ‘did …
Cookie ‘law’ uncertainty continues
Like a rabbit in gOOgle’s headlights – reading between the lines There’s an ‘eighteen wheeler’ comin’ and it’s heading straight for Europe’s DPEC Article 5(3)! The Big US ad networks looked at Article 5(3) and its requirement for ‘explicit prior consent’ and just kept on rolling. When something that big bears down on you, the …
IAB Europe condemns ‘re-spawning’ as an illegal marketing practice: 06.10.10
The manoeuvring and lobbying is clearly well under way as the online ad vertising industry 'sets out its stall'. The battle lines are drawn with the hard opt-in, prior consent forces squaring up against the 'informed choice', opt-out forces. By amending the wording Article 5(3) of the PEC Directive 2002/58/EC, the European Regulators have effectively …
‘Off my chest’ 1
Over the last 10 years or more of privacy consulting I've come across a number of inconsistencies and data protection blind alleys, that I'd like to explore. I'm going to start posting them up on my blog in the hope that we can stimulate some comment and debate and get a few things cleared up. …
Yeah, I’ll open that email … NOT!
I once sat in a bar and jotted down all the snippets of conversation that rose above the background ‘gobbling turkey’ noise. I wondered if I could get a sense of people or place from those snippets. It was a long time before the next flight! I’ve decided to start something similar! Just a list, …
NU Speeeeedy response
Well done Norwich Union! Got a very speedy response back from NU, who clearly have got their finger on the pulse! Here’s what they said … "Further to your email earlier today thank you for bringing this issue to our attention so quickly. We are extremely sorry for any upset this has caused to those …
UK Fundraising ‘Perfect Pitch’
iCompli’s information law and privacy expert Duncan Smith gives talk to UK Charities On February 21st, Duncan Smith presented a fast-paced presentation to UK Charities about the benefits of permission-based marketing and how key fundraising activities are impacted by both UK legislation and industry codes of practice. The wide-ranging talk tackled some of the more …
Jail sentences for theft of data
For the first time courts will be able to jail people who trade in – or deliberately misuse – the personal data of others. The Department for Constitutional Affairs (DCA) today said it planned to lock them up for up to two years, along with anyone else who might spread other people’s private business about …
BMA computer failure wipes out membership details
"Thousands of doctors have had their detailed membership records wiped out following a huge computer failure in a new IT system built for the British Medical Association" : Guardian Friday February 2, 2007 … "the collapse of the system has led to huge numbers of members being removed from its records without their knowledge." The …
MORE laptop thefts!
Reported in – Computerworld Dec 14th 2006. A laptop containing the personal information on 382,000 current and retired workers of Boeing Co. was stolen from an employee’s car earlier this month, according to Boeing spokesman Tim Neale. The information included employees’ Social Security numbers, home addresses, telephone numbers and birth dates, as well as salary …
DPA used as a political weapon
First published in the Salisbury Journal here Labour Councillors want information about Housing Association Stock transfers, Salisbury District Council (apparently) don’t want to provide it. The District Council cites Data Protection as the reason for not releasing addresses, but a similar disclosure has already been "approved" by the Information Commissioner in Mid-Devon District Council. Despite …
Get email marketing right!
Where’s the best source of advice? I wish I knew the answer! How about where are the good sources of advice? O.K. that one I can help with. In researching the privacy issues relating to email marketing, we spend a lot of time immersed in the murky world of agencies et al. and we do …
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