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I don't think self regulation works, good companies follow it, bad companies don't. Since there is a big market in the US for personal data, its in the interests of companies to play tricks.
EU Privacy directive is pretty well thought out.
This page has a fairly easy to read discussion on it:
http://www.wrf.com/publications/publication.asp?id=1056227222002
"First, with respect to the collection and handling of personal data, Member States must ensure that corporations manage personal data so that it is: (a) collected for specified and legitimate purposes and not processed further; (b) relevant and not excessive for the purpose collected; (c) accurate and updated as necessary; and (d) kept in a form that permits identification of data subjects for no longer than necessary."
"Second, corporations may not process personal data unless: (a) the data subject has unambiguously given his or her consent; (b) processing is necessary for the performance of a contract to which the data subject is a party or at the request of the data subject prior to entering into a contract; (c) processing is necessary for compliance with the data controller?s legal obligations;...."
So the "Get Free screen saver" would fail the "clear concent" test since they try to mislead the victim on the nature of the transaction.
Claria (was Gator) etc. would have to disclose that the popups come from Gator and that information is being collected and a link to switch it off, because the person using the computer may not be the original data subject who agreed to install Gator. - Posted by: Nigel Johnstone Posted on: 05/19/04 You are currently: a Guest | Members login | Terms of Use
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