Privacy/TPWG/Change Proposal Short Term
TCS Editors' Draft Text
It is outside the scope of this specification to control short-term, transient collection and use of data, so long as the information is not transmitted to a third party and is not used to build a profile about a user or otherwise alter an individual user’s user experience outside the current network interaction. For example, the contextual customization of ads shown as part of the same network interaction is not restricted by DNT: 1.
Text Proposals
Proposal 1: Protocol information, two weeks, any purpose
Proposal from Lee Tien and Jonathan Mayer (1) (2); issue-134
A third party may collect and use protocol information for any purpose, subject to a two-week retention period.
Protocol information includes:
- any information that a user agent necessarily shares with a web server when it communicates with the web server (e.g. IP address and User-Agent), and
- the URL of the top-level page, communicated via a Referer header or other means, unless the URL contains information that is not unlinkable (e.g. a username or user ID).
Protocol information does not include:
- any information that a web server could cause to not be sent but still communicate with the user agent (e.g. a cookie or a Request-URI parameter generated by the user agent), except the URL of the top-level page, and
- any data added by a network intermediary that the operator of a web server has actual knowledge of (e.g. a unique device identifier HTTP header).
Under the general rule on protocol information a third party may temporarily use a top-level page URL for the purpose of contextually personalizing content.
Proposal 2: Protocol information, one week, any purpose
Proposal from Dan Auerbach issue-134
A third party MAY also use protocol information (e.g. HTTP header information and IP information) for any purpose, subject to a one week retention period.
Proposal 3: Permitted use.
- Make it a "permitted use”
- define it as Raw data may be collected and retained solely for the purpose of processing that data into data allowed by other claimed permitted uses.”
- Retain a short paragraph in the out-of-scope section that says The use of data present in the transaction, as part of the processing of that transaction, is out of scope: for example, the contextual customization of ads shown as part of the same network interaction is not restricted by DNT: 1.
Out of scope
The use of data present in the transaction, as part of the processing of that transaction, is out of scope: for example, the contextual customization of ads shown as part of the same network interaction is not restricted by DNT: 1.
Permitted Use
Raw data may be collected and retained solely for the purposes of processing that data into one of:
- Data that is not tracking data, and is thus out of scope;
- Data that is tracking data, but for which consent was in effect at the time of collection;
- Data that is tracking data, but which is being retained under another permitted use that was claimed at the time of collection.
All other data MUST BE discarded at the time of processing.
Proposal 4: Permitted use.
Supersedes proposals 1 and 3 above.
Overview:
- Make it a "permitted use”
- define it as Raw data may be collected and retained solely for the purpose of processing that data into data allowed by other claimed permitted uses.”
- Retain a short paragraph in the out-of-scope section that says The use of data present in the transaction, as part of the processing of that transaction, is out of scope: for example, the contextual customization of ads shown as part of the same network interaction is not restricted by DNT: 1.
- state that the maximum retention period must be reasonable and documented, and the security applied to retained data needs to be proportional to the period length
(Note that the reasonability requirement is a more explicit statement of the general statement on permitted uses; "In all cases, collection and use of data must be reasonably necessary and proportionate to achieve the purpose for which it is specifically permitted;”)
Add this to an appropriate section of the TCS:
Out of scope
The use of data present in the transaction, as part of the processing of that transaction, is out of scope: for example, the contextual customization of ads shown as part of the same network interaction is not restricted by DNT: 1.
Add this permitted use
Permitted Use: Raw data
Raw data may be collected and retained solely for the purposes of processing that data into one of:
- Data that is not tracking data, and is thus out of scope;
- Data that is tracking data, but for which consent was in effect at the time of collection;
- Data that is tracking data, but which is being retained under another permitted use that was claimed at the time of collection.
All other data MUST BE discarded at the time of processing.
The maximum retention period of the raw data, prior to processing, must be must be reasonable and necessary, and must be publicly stated in the privacy policy. The security and protections used to prevent mis-use (“non-compliant use”?) of the raw data need to be proportional to the retention period: data accumulated and retained for two days requires more than data retained for two hours, and data retained for two months requires more than data retained for two days.