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Specify an objection identifier for audience measurement #19

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sqrt2 opened this issue Jul 30, 2021 · 1 comment
Open

Specify an objection identifier for audience measurement #19

sqrt2 opened this issue Jul 30, 2021 · 1 comment

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@sqrt2
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sqrt2 commented Jul 30, 2021

The specification currently limits itself to only specifying direct-marketing as an objection identifier. However, the Commission's, the Parliament's, and the Council's text on the ePrivacy Regulation foresee introducing "audience measurement" as a "legitimate interest"-style exception to the general consent requirement for the use of processing and storage capabilities of terminal equipment (see Article 8(1)(d) in each version respectively). In addition, the Parliament's text explicitly mentions the right to object to this form of processing (Article 8(1)(d) and Article 8(2a)(d)).

The specification should anticipate this processing purpose to which users should be able to object and also define audience-measurement as an objection identifier.

@gb-noyb
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gb-noyb commented Aug 24, 2021

The specification should anticipate this processing purpose to which users should be able to object and also define audience-measurement as an objection identifier.

Thank you for this suggestion. In a way, the spec already anticipates such additional things that can be objected to, as I am sure you have seen in 6.4 Objecting to processing:

An objection identifier is a string corresponding to a type of objection. This specification defines only one objection identifier: direct-marketing. The user may provide this identifier to object to processing of their personal data for direct marketing purposes, as provided for under Article 21(2) GDPR.

Other specifications, or future versions of this specification, could define other types of objections, possibly based on other data protection laws in other jurisdictions.

Audience measurement may indeed be a likely candidate for such an additional type of objection. However, I think it would be of little value to add it to this spec before such legal provision is even decided and finalised, and it would be confusing if this provision (or the whole ePR) will never see the light. It would nevertheless be good to use this issue to keep track of updates on this front.

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