Post on 13-Apr-2017
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PRIVACY AND PERSONALISATION
Oil:Water
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Personalisation ¦ Privacy
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20 immiscible minutes ;-)
Pandora’s Jar Privacy Law ‘Whatever!’
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First a ‘look over the horizon’What’s in Pandora’s
Jar?
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e-tattoo reads your thoughts by listening to unvocalised words in your throat
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That’s No Phone. That’s My Tracker Role of
monitoring in in the exploitation of user generated content Prediction is the data-
fuelled ‘fantasy’ of interactive marketing
Javi
er J
aén
Bena
vide
s
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“Allow your phone to learn
places you frequently visit in
order to provide useful location-
related information”
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Subtle change the words; Still happy?”
“Allow your phone Retailers, law enforcement agencies and insurers to learn places you frequently visit in order to provide useful location-related information marketing”
“Transparency”“Intervenability”
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‘Place Tips’
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Group action against Google
2012 Google ‘caught-out’ circumventing cookie privacy settings on Apple Safari browser
2012 Google pay US FTC fine $22.5M
UK: Vidal-Hall & Others v Google Inc [2015] EWCA
UK: Group (Class) action litigation
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3 new UK threats we’re helping marketers avoid Vidal-Hall case damage claims for misuse of browser
generated information even when no pecuniary loss (over-the-shoulder-distress)
Unlimited fines in the Magistrate’s courts for breaches of Data Protection Act 1998 Privacy and Electronic Communications (EC Directive)
Regulations 2003 Consumer protection from unfair trading regulation 2008
From 6th April ICO no longer required to show ‘substantial damage’ or ‘substantial distress’ to impose fines of up £500,000.
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The 2018 General Data Protection Regulation: Profiling 'profiling' means any form of automated processing of
personal data intended to evaluate certain personal aspects relating to a natural person or to analyse or predict in particular that natural person’s performance at work, economic situation, location, health, personal preferences, reliability or behaviour
Without prejudice to the provisions in Article 6 every natural person shall have the right to object to profiling in accordance with Article 19. The data subject shall be informed about the right to object to profiling in a highly visible manner.
Trilogue sta
rts June 24th 2015
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WONGA Privacy - sliders
“we may collect information about your computer including, where available, your IP address, operating system and browser type – for the purposes of system and loan administration and product improvement”
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Garante Italy
Must inform.. that the website uses profiling cookies to send advertising messages in line with the user's online navigation preferences;
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Whatever!
“PRIVACY awareness protects lead generation
investment”
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General Data Protection Regulation view of consent the data subject's consent' means any
freely given specific, informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed’.TRANSPARENCY
NOTIFIED or EXPRESSED
CONTROL
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MTS Outbound Emails
19
All leads and contacts have opt-in tracked and managed
There is a requirement to prove HOW this consent was obtained and maintain records
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‘Key Markets’ Table
Much of the law the global marketing team will encounter requires an opt-in to receive commercial electronic mail
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7 ways we can plan for compliance
1• Clear organisational structure around data, marketing and
governance
2• Seek oversight to give the necessary monitoring of compliance
with regulatory and contract requirements
3 • Put your Supply chain under the microscope
4 • Privacy Impact Assessment for all new data-driven marketing
5 • Formal ‘use-case’ approval before adopting new data uses
6 • Data Anonymisation and/or ‘minimum data set’
7• Revisit you Privacy Notice – it is the key to maximising the
value of you database
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The ‘Give-Get’ equation
When consumers feel they're getting a tangible benefit for their personal information, their resistance to data collection fades
Consumer surveillance has the power to be truly engaging, but it is critical that we first understand the psychology of privacy your legal responsibilities
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About your speaker and iCompli®
iCompli® LimitedKemp House, London EC1V 2NX
Duncan S SmithMain: 0844 88 44 235email: duncans@icompli.co.ukWeb: www.icompli.co.ukBlog: www.icompli.co.uk/the-blogTwitter: @icompli