Privacy& Personalisation: Data Driven marketing and compliance

Copyright iCompli® Limited 2015

PRIVACY AND PERSONALISATION

Oil:Water


Personalisation ¦ Privacy


20 immiscible minutes ;-)

Pandora’s Jar Privacy Law ‘Whatever!’


First a ‘look over the horizon’What’s in Pandora’s

Jar?


e-tattoo reads your thoughts by listening to unvocalised words in your throat


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


“Allow your phone to learn

places you frequently visit in

order to provide useful location-

related information”


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”


‘Place Tips’


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


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.


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


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”


Garante Italy

Must inform.. that the website uses profiling cookies to send advertising messages in line with the user's online navigation preferences;


Whatever!

“PRIVACY awareness protects lead generation

investment”


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


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


‘Key Markets’ Table

Much of the law the global marketing team will encounter requires an opt-in to receive commercial electronic mail


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


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


About your speaker and iCompli®

iCompli® LimitedKemp House, London EC1V 2NX

Duncan S SmithMain: 0844 88 44 235email: [email protected]: www.icompli.co.ukBlog: www.icompli.co.uk/the-blogTwitter: @icompli

http://www.icompli.co.uk/

http://www.icompli.co.uk/the-blog

Privacy& Personalisation: Data Driven marketing and compliance

Marketing

Transcript of Privacy& Personalisation: Data Driven marketing and compliance