…it is with the Privacy Authority blessing!
This case is typical of the current French system, but this may echo some concerns elsewhere, so I have made a summary of an original post in French, so as to trigger discussion…
Basically all French politicians are claiming they want to fight the Privacy breaches, especially when North-American internet companies are involved. Still, the findings are clear: the French State and its state-owned companies are doing exactly the same!
First, the rule: any form collecting any of your (personal) data is to offer to the users the ability to give or refuse consent, regarding any further use of their data. In France, this is clearly stated in a law, passed as early as 1978 (named “Data Processing and Freedom”, a full concept in itself…).
There are two possible questions (“opt-in” or agree, and “opt-out” or disagree) and two ways of offering the answer (“active” and “passive”); this implies four different ways of collecting any consent (see table below), and of course generates confusion.
The “passive” response mode is neither common, nor recommended in France (even if it is not forbidden, as far as I may know), but it is more often found on US websites. In this case, the check-box is already ticked, and the user’s answer is registered by default. To register another choice, one has to un-tick the check-box. Clearly this option may only be used online.
For paper forms, one may focus on the “active” mode, when a check-box has to be ticked. The two remaining options are:
- Active opt-in = the user agrees, by ticking one or several check-boxes, that his/her personal date may be stored, reused, transferred, sold to third parties. This is the most respectful mode for the user, as only active opt-in guarantees that the user has chosen to give away his/her data. But this is not the norm…
- active opt-out = the use disagrees that his/her personal data are used, still by ticking a check-box. This mode is the most commonly used in France, and the Privacy Authority (CNIL) implicitly endorses this behavior. On its website, namely in the Q&A section of their website (only available in French), the CNIL mentions that the user may “oppose” to personal data transfer to third-parties or “refuse” that such data be used for commercial purposes. they endorse the opt-out mode.
Of course, many user just forget to tick check-boxes (or worse, do not find them), and hence are included by default on files sold to third-parties, namely for business purposes. This may be understandable for private companies, but when it comes to the Government or to State-owned companies, this is more disputable!
I have covered two examples in the original French version of this post, taken from recent experiences, that I believe may not be of interest for non-French speaking people. My comments are backed up by solid material.
Hence, the French State collects – and resells – personal data from its citizens, while Google, Amazon or Facebook are blamed for doing the same… You mean “contradiction”? I say “opportunism”.
For a true personal data protection, one has to develop alternative targeting tools! “Fingerprinting” or “unique identifier”, are mentioned, but there also is a non-intrusive option, based on the user’s online behavior. I am working on it… Willing to know more? Stay tuned and come back next week on this blog!
[This post is a summary of a longer original version written in the French-speaking section of DataElicitation.com; the original version in French namely includes pics and explanations of two opt-out examples]