This method of advertising (online behavioral advertising) is based on monitoring the web pages that a user visits on the internet and the actions that he generally carries out online (e.g. purchasing products and services) with the aim of capturing his preferences and interests and subsequently displaying relevant ads only. The method assumes behavior analysis of the user and leads to creation user profiles during their online navigation, most of the time without the knowledge of the users themselves. |
The issue of personal data protection during online advertising with behavioral analysis occupied the Working Group of no. 29, which issued the relevant Opinion 2/2010: The Opinion took into account the new online advertising trends and clarified in relation to the no. 1/2010 opinion about the data controllers their obligations due to their contribution to the specific processing. Ad networks and advertisers themselves bear most of the liability. The Opinion focuses in particular on the legality of the establishment cookies for profiling, which, according to the amended Directive 2002/58/EC, requires the prior consent of users.
The Opinion also refers to the way in which advertising network providers must also comply with the obligations arising from the general Directive 95/46/EC and in particular with regard to the rights of access and objection. With regard to Internet service providers, i.e. in this case the owners of the websites through which the advertising networks display their advertisements or the advertisers themselves, the Opinion maintains that they are also partly responsible for processing so that they are subject to the obligation to inform about the processing of personal data carried out by the other parties.
The Working Group of no. 29 also issued the Opinion 16/2011 on the good practice recommendations of EASA/IAB for online advertising with behavioral analysis. The Opinion in principle welcomes this self-regulatory initiative taken by EASA/IAB, but concludes that adherence to the code and good practice recommendations and participation in the initiative's websitehttps://www.youronlinechoices.eu/ does not result in compliance with Directive 2002/58/EC.
Additionally, the Opinion emphasizes that the code/recommendations and the website create the false impression that it is possible for someone to choose not to be recorded while surfing the web. This false impression can be detrimental to users, but also to the companies themselves, as they may believe that by implementing the code they are meeting the requirements of the Directive.
The Opinion also states that advertising companies should comply with the exact requirements of the Directive, while listing practical solutions that are available to achieve a good level of compliance with it, without negatively affecting the user's browsing experience.
Finally, the Opinion emphasizes that cases/situations should be avoided in which companies invest in following a code and the corresponding recommendations of good practice, which are not in line with legal requirements, both at European and national level. It is also worth noting that the IAB recently issued self-certification criteria for companies wishing to adopt the Europe Online Behavioral Advertising Framework.
SOURCE: https://www.dpa.gr/portal/page?_pageid=33,146972&_dad=portal&_schema=PORTAL |
