Friday, 25 September 2009
Pooled basis: when the collection of emails is done in silence
"Pooled basis". These are strange words for a practice that explodes on the web and takes root on the registration forms online. A typical example is known: you register on a website (dating, online sales, etc.). And you allow it to send you offers from its trading partners (opt in). Shortly after, that your inbox flooded with ads that identify you as close to your habits. The secret? The partner company has been able to acquire the means to cross ( "pool") information from the information collected by several sites. Unstoppable in profiling: the basis 1000mercis and "Email Attitude", and other Come & Stay may then make the surgical strike and target the young 20 year old student living in Paris, a fan of John Coltrane and Cocorosie, fit the 43 and feeding her cat with tuna croquettes MiaouMiaou. This is the basis of pooled business that spreads like an epidemic. To opt in to opt out: silence is golden The problem is that on any database and anything can be done. Thus, before sprinkling the Internet advertising and offers various mutual society sometimes simply send the proposal to integrate a loyalty program through a mail ... whose silence is consent (opt-out). If this address is embedded among the spam that everyone receives is our good old Madame Michu ready to be torpedoed (commercially). The explicit agreement of the user is required by the CNIL The only snag, the CNIL has addressed this issue and has already entered into a letter that only the consent could ensure the loyalty of the process. Who is silent consents and therefore there can be tacit acceptance: the Commission for Informatics and Liberty (see the response letter from Alex Türk we publish) the user must himself see the contact list of partners to receive the data! An approach that we have personally never seen in practice. Doubling cheat "Legally, these operations are called data transfer, we said a legal expert, but where it becomes treacherous is that the data transferred becomes the property of that database. In clear, physically if we unsubscribe of opt-ins Site, it remains in the pooled basis Site B and Site A is paid on the same trade. "Even more deceitful, that database will use this data not to shoot his offers, but those of others! Legally, it would require that everything is square as pooled basis systematically seeking prior consent of users before they enter the pooled basis. " If the foundations pooled must receive prior agreement of the user before it goes in, and this is very rarely observed, it does now that the CNIL to seize this issue and of reverse this trend. It is also necessary that offers him the means ...