11. Copyright iCompliÂź Limited 2015
Group action against Google
ï 2012 Google âcaught-outâ
circumventing cookie privacy
settings on Apple Safari
browser
ï 2012 Google pay US FTC
fine $22.5M
ï UK: Vidal-Hall & Others v
Google Inc [2015] EWCA
ï UK: Group (Class) action
litigation
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3 new UK threats weâre helping
marketers avoid
ï Vidal-Hall case damage claims for misuse of browser
generated information even when no pecuniary loss
(over-the-shoulder-distress)
ï Unlimited fines in the Magistrateâs courts for breaches
of
ï Data Protection Act 1998
ï Privacy and Electronic Communications (EC Directive)
Regulations 2003
ï Consumer protection from unfair trading regulation
2008
ï From 6th April ICO no longer required to show
âsubstantial damageâ or âsubstantial distressâ to impose
fines of up ÂŁ500,000.
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The 2018 General Data Protection
Regulation: Profiling
ï '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 personâs performance
at work, economic situation, location, health, personal
preferences, reliability or behaviour
ï 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.
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WONGA Privacy - sliders
ï âwe may collect information about your computer
including, where available, your IP address,
operating system and browser type â for the
purposes of system and loan administration and
product improvementâ
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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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General Data Protection Regulation
view of consent
ï 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 processedâ.
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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7 ways we can plan for compliance
1
âą Clear organisational structure around data, marketing and governance
2
âą Focus on oversight to give the necessary monitoring of compliance with
regulatory and contract requirements
3
âą Put your Supply chain under the microscope
4
âą Privacy Impact Assessment for all new data-driven marketing
5
âą Formal âuse-caseâ approval before adopting new data uses
6
âą Data Anonymisation and/or âminimum data setâ
7
âą Revisit you Privacy Notice â it is the key to maximising the value of you
database
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The âGive-Getâ equation
ï When consumers feel they're getting a tangible
benefit for their personal information, their
resistance to data collection starts to fade
ï Consumer surveillance has the power to be truly
engaging, but it is critical that we first understand
the psychology of privacy our legal
responsibilities
22. Copyright iCompliÂź Limited 2015
The last slide..
âBefore we acquire
great power we must
acquire wisdom to use it wellâ
Ralph Waldo Emerson
Personalisation
Psychology Laws
Proximity
Trust
Prediction
23. Copyright iCompliÂź Limited 2015
About your speaker and iCompliÂź
iCompliÂź Limited
Kemp House, London
EC1V 2NX
Duncan S Smith
Main: 0844 88 44 235
email: duncans@icompli.co.uk
Web: www.icompli.co.uk
Blog: www.icompli.co.uk/the-blog
Twitter: @icompli