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So the publisher, through a platform, issues a bid request to an exchange with a lot of information in it. The parameters of that bid request contain all kinds

by stvswn 8y ago

So the publisher, through a platform, issues a bid request to an exchange with a lot of information in it. The parameters of that bid request contain all kinds of context like the site, the browser or device, etc. Critically, it also includes the cookie. The way GDPR has been interpreted by Google (btw Google is considered to be overly conservative in its approach by the adtech world): Cookies can only be passed by publishers who get consent to collect and pass them, and they must get consent for each adtech vendor. Furthermore, Google will not pass those cookies to anyone else because it can't be sure that the vendor receiving them was given consent by the user. Other platforms haven't done that last part; and some publishers are even saying that they refuse to collect affirmative consent. This is because people interpret it differently. From my reading, Brave seems to be trying to drive for a new interpretation: it's not only a matter of cookies, which is the parameter associated with a user, it's a matter of ALL the info even when it's not related to tracking a single user. My guess is that Eich's hoping to get a court to adopt this new stricter interpretation, but if that were to happen it would mean that the regulators' guidance thus far would be moot and all of the mitigations the adtech world has gone through to prepare would be out the window.

icebraining 8y ago
Is that guidance publicly available? As a layman, Brave's interpretation makes perfect sense - those parameters are related "to an identified or identifiable natural person".
- stvswn 8y ago
  Article 4.1 itself, as it goes on, defines personal data in a way that it relates specifically to that which can identify someone, so it doesn't mean literally anything about the ad placement simply because a person is seeing the ad. Definition of personal data: "any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person."

by stvswn 8y ago

icebraining 8y ago

Is that guidance publicly available? As a layman, Brave's interpretation makes perfect sense - those parameters are related "to an identified or identifiable natural person".

stvswn 8y ago
Article 4.1 itself, as it goes on, defines personal data in a way that it relates specifically to that which can identify someone, so it doesn't mean literally anything about the ad placement simply because a person is seeing the ad. Definition of personal data: "any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person."