Presentation given with Sagittarius Marketing on 24th June 2015 at the Magic Circle, London UK. Want to know everything there is to know about your customers? Profiling and developing in-depth customer personas can quickly lead to privacy issues. Marketers need to understand the legal requirements before embarking on these programs.

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PRIVACY AND
PERSONALISATION
Oil:Water

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Personalisation ¦ Privacy

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20 immiscible minutes ;-)
Pandora’s
Jar
Privacy
Law
‘Whatever!’

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First a ‘look over the horizon’

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e-tattoo reads your thoughts by
listening to unvocalised words in your
throat

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That’s No Phone. That’s My
Tracker
 Role of monitoring
in in the exploitation
of user generated
content

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Subtle change the words; Still happy?”
“Allow your phone Retailers, law
enforcement agencies and
insurers to learn places you
frequently visit in order to
provide useful location-related
information marketing”
“Transparency”
“Intervenability”

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‘Place Tips’

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Group action against Google
 2012 Google ‘caught-out’
circumventing cookie privacy
settings on Apple Safari
browser
 2012 Google pay US FTC
fine $22.5M
 UK: Vidal-Hall & Others v
Google Inc [2015] EWCA
 UK: Group (Class) action
litigation

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3 new UK threats we’re helping
marketers avoid
 Vidal-Hall case damage claims for misuse of browser
generated information even when no pecuniary loss
(over-the-shoulder-distress)
 Unlimited fines in the Magistrate’s courts for breaches
of
 Data Protection Act 1998
 Privacy and Electronic Communications (EC Directive)
Regulations 2003
 Consumer protection from unfair trading regulation
2008
 From 6th April ICO no longer required to show
‘substantial damage’ or ‘substantial distress’ to impose
fines of up £500,000.

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The 2018 General Data Protection
Regulation: Profiling
 'profiling' means any form of automated processing of
personal data intended to evaluate certain personal
aspects relating to a natural person or to analyse or
predict in particular that natural person’s performance
at work, economic situation, location, health, personal
preferences, reliability or behaviour
 Without prejudice to the provisions in Article 6 every
natural person shall have the right to object to
profiling in accordance with Article 19. The data
subject shall be informed about the right to object to
profiling in a highly visible manner.

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WONGA Privacy - sliders
 “we may collect information about your computer
including, where available, your IP address,
operating system and browser type – for the
purposes of system and loan administration and
product improvement”

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Garante Italy
Must inform.. that
the website uses
profiling cookies
to send
advertising
messages in line
with the user's
online navigation
preferences;

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Whatever!
“PRIVACY awareness
protects lead generation
investment”

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General Data Protection Regulation
view of consent
 the data subject's consent' means any freely
given specific, informed and explicit indication of
his or her wishes by which the data subject, either
by a statement or by a clear affirmative action,
signifies agreement to personal data relating to
them being processed’.
TRANSPARENCY
NOTIFIED or
EXPRESSED
CONTROL

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MTS Outbound Emails
19
All leads and contacts have opt-in tracked and managed
There is a requirement
to prove HOW this
consent was obtained
and maintain records

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‘Key Markets’ Table

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7 ways we can plan for compliance
1
• Clear organisational structure around data, marketing and governance
2
• Seek oversight to give the necessary monitoring of compliance with
regulatory and contract requirements
3
• Put your Supply chain under the microscope
4
• Privacy Impact Assessment for all new data-driven marketing
5
• Formal ‘use-case’ approval before adopting new data uses
6
• Data Anonymisation and/or ‘minimum data set’
7
• Revisit you Privacy Notice – it is the key to maximising the value of you
database

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The ‘Give-Get’ equation
 When consumers feel they're getting a tangible
benefit for their personal information, their
resistance to data collection fades
 Consumer surveillance has the power to be truly
engaging, but it is critical that we first understand
 the psychology of privacy
 your legal responsibilities

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About your speaker and iCompli®
iCompli® Limited
Kemp House, London
EC1V 2NX
Duncan S Smith
Main: 0844 88 44 235
email: duncans@icompli.co.uk
Web: www.icompli.co.uk
Blog: www.icompli.co.uk/the-blog
Twitter: @icompli