Presentation delivered by Duncan Smith, Director of iCompli at Sagittarius Travel Marketing Masterclass - 12th November 2015, Tower Bridge

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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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Be afraid....

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

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010010001010010101
011010001110101001000010011111101001001
0100100100100ME01001001110100100THEM1010001010110101
01001001010010010001011110YOU110101001011
0100100100010010010110011001110010101
‘Digital Exhaust’
http://www.icompli.co.uk/books-on-privacy/

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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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YOUMI SDK
• Private APIs
• IDFAs
• Ad tracking
• Apple pulls
250 Apps

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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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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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Source: The Bio Agency

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Data Value Exchange
 “One bout of form
filling could satisfy all
regulatory
requirements from
airline to hotel”
 Travellers would have
to TRUST companies
to handle data
sensitively and
securely
“The argument for
the data value
exchange is still not
convincing”
Only 3% of the poll said
this was’ highly
desirable’
44% were in the ‘not
sure’ campSource: The Bio Agency

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How do I build trust?
 Only asking your customers for information you
need, and will use to improve their experience;
 Clearly explaining to your customers why they
should share this info with you and what benefits
they stand to gain by doing so;
 Creating a secure environment/path for them to
share this information;
 Delivering on these promises.
Source: ICEF Monitor

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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
23
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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How can we can help you
comply
Advise on organisational structure data, marketing and governance
Provide oversight to give the necessary monitoring of compliance
with regulatory and contract requirements
Put your Supply chain under the microscope
Conduct Privacy Impact Assessments for data-driven marketing
Embed Privacy by Design work flow
Develop ‘use-case’ approval for new data uses
Advise on Anonymisation and/or ‘minimum data set’
Rebuild your Privacy Notice – it is the key to maximising the value of
you database

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The ‘Give-Get’ take away
 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 ‘move
the needles’, but it is critical that you first
understand..
 the psychology of privacy
 your legal responsibilities
 the technical challenges

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About your speaker and iCompli®
iCompli® Limited
Kemp House, London
EC1V 2NX
Duncan S Smith
Main: 0203 291 3415
email: duncans@icompli.co.uk
Web: www.icompli.co.uk
Blog: www.icompli.co.uk/the-blog
Twitter: @icompli