Data & It Law Week, vol. 31: secondary use of data, data sharing and cookies
Using data for secondary purposes (customer devices data)
Technology law specialist Luke Scanlon had argued in favor of demanding more explicit reasons of data collectors to access data stored on customers’ devices.
“The disclosure of additional purposes for data accessed from a customer device is normally necessary to ensure that data protection laws are complied with.”
Moreover, he addressed an issue, which was also analyzed at dataitlaw.com. Is it possible to use data for a second purpose?
“If a business intends to use data for a purpose that is incompatible with the one for which it was acquired, it would need to determine whether it has a legal ground for using the data for that secondary purpose.”
Data Sharing best practices
The Information Commissioner’s Office had published a Data Sharing Code of Practice and Data Sharing Checklist. They are freely available at their website.
Their goal is to “provide practical advice to all organisations, whether public, private or third sector, that share personal data and covers systematic data sharing arrangements as well as ad hoc or one off requests to share personal data.”
A good resource for anyone, who wants to double (or triple) check its activities.
EU Cookie Policy – real world and legal regulation?
What are the problems of EU cookie policy? Eduardo Ustaran had addressed this issue in his article. He sees the biggest problem in the differences between law and real world.
“For example, the Dutch data protection authority has recently taken enforcement action targeting both website operators and ad networks because cookies were in fact being dropped simultaneously to the notice being given. This meant that users’ consent was basically being taken for granted as they downloaded a webpage.”
He also noted that in some countries, stricter controls are expected to take place in the end of the year.
Quick links:
A wonderful idea how to add non standard clause detection to your contract metadata
