eSecurity Planet interviews Corporate Security Law's Miguel R. San Jose, Esq. CPP about PRISM

See the article here:  http://www.esecurityplanet.com/network-security/will-prism-impact-data-protection-strategies.html

Do Not Agree on "Do-Not-Track"

With a showdown at the World Wide Web Consortium (WS3) going on between the ad industry and privacy advocates, the world waits to see if a consensus can be reached on a Do-Not-Track standard. 

Debate continues on whether its default state should be on or off, or whether it should be a browser setting or a choice at installation like Microsoft’s Internet Explorer. 

Privacy advocates like Jonathan Mayer, a graduate student from Stanford University and member of the WS3’s tracking protection working group, dismiss a document distributed by the Digital Advertising Alliance called “Draft Framework for DNT Discussions Leading up to Face to Face” as a mere proposal.  Mayer believes that there should be a universal choice built into browsers to which the user can create exceptions; or a website can request (via pop-up) that a user make an exception to a particular website.

Ad industry professionals argue the importance of understanding consumer preferences online to facilitate free marketing of products consumers show they are interested in based on the data collected. 

Privacy advocates rebut this by pointing out the success of the Do Not Call List implemented several years ago, stating it shows how consumers feel about their privacy.  It should be noted, however, that even with Do Not Track turned on, information will still be collected under certain exceptions.

5 Quick Tips for Online Re-marketing

When online shoppers abandon their shopping carts before completing their purchases, the information collected by the websites they were visiting can be used to re-market the products they almost bought back to them.  This is called online re-marketing.  Here are five tips online re-marketers should know:

First, make sure your website privacy policy contains the required language covering data that has been captured for re-marketing.  This should include sections on what information is being collected and how that information will be used.  If you are collecting e-mail addresses, state that you are collecting e-mail addresses.

Second, instead of using a “catch-all” phrase like, “Information collected shall be used for marketing and promotional purposes”, try to be more specific in reference to re-marketing.  Let visitors know that you intend to follow up with abandoned shopping carts.  You can say, for example, that you wanted to see if there was a problem using the website.

Third, make your privacy policy easily available and visible in a spot next to where a choice will be made.  The FTC has made it clear that website visitors need to be able to make meaningful choices before they provide their personal information.  Note, however, it is not necessary to specifically use the word “re-marketing”.

Fourth, make sure you comply with the CAN-SPAM Act if you are re-marketing in the United States.  Visit the FTC’s website for the general guidelines.

Finally, use an Opt-In box on the shopping cart if you are re-marketing in the European Union unless it is in France or the UK; there you can use an Opt-Out box instead.  Note, however, in Germany, you must send an email to the abandoner requiring a response to confirm their Opt-In.

For more information, contact Corporate Security Law.

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If your business handles personal information in any way, you need a legal advisor who knows the privacy laws, regulations and guidelines to help keep your company safe. Call today for a consultation.

Corporate Security Law is a federal privacy law practice serving clients around the country and around the world. We are licensed in New Jersey and are based in Charlotte, North Carolina. 

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