This is a very interesting article to read. A small French adtech company Vectaury has been ordered to stop using and delete the personal data of tens of millions of Europeans, as it cannot show proper consent as required under the GDPR. Of interest here is that Vectaury tried to show consent using a branche wide template by IAB. A French judge has ruled this is not enough. This is an early sign that as Doc Searls says GDPR is able to, though at the speed of legal proceedings, put a stake through the heart of ad-tech. Provided enforcement goes forward.

A month after the verdict, Vectaury’s website still proudly claims that they’re GDPR compliant because they use the concept of a ‘consent management provider’. Yet that is exactly what has now been ruled as not enough to show actual consent.

This Twitter thread by NYT’s Robin Berjon about the case is also interesting.

Does the New York Times see the irony? This article talks about how US Congress should look much less at the privacy terms of big tech, and more at the actual business practices.

Yet it calls upon me to disable my ad blocker. The ad blocker that blocks 28 ads in a single article, all served by a Google advertisement tracker. One which one of my browsers flags as working the same way as cross site scripting attacks work.

If as you say adverts are at the core of your business model, making journalism possible, why do you outsource it?
I’m ok with advertising New York Times, but not with adtech. There’s a marked difference between the two. It’s adtech, not advertising, that does the things you write about, like “how companies can use our data to invisibly shunt us in directions” that don’t benefit us. And adtech is the reason that, as you the say, the “problem is unfettered data exploitation and its potential deleterious consequences.” I’m ok with a newspaper running their own ads. I’m not ok with the New York Times behaving like a Trojan horse, pretending to be a newspaper but actually being a vehicle for, your own words, the “surveillance economy”.

Until then my ad blocker stays.


My browser blocking 28 ads (see the address bar) on a single article, all from 1 Google ad tracker.

Some links I thought worth reading the past few days

To celebrate the launch of the GDPR last week Friday, Jaap-Henk Hoekman released his ‘little blue book’ (pdf)’ on Privacy Design Strategies (with a CC-BY-NC license). Hoekman is an associate professor with the Digital Security group of the ICS department at the Radboud University.

I heard him speak a few months ago at a Tech Solidarity meet-up, and enjoyed his insights and pragmatic approaches (PDF slides here).

Data protection by design (together with a ‘state of the art’ requirement) forms the forward looking part of the GDPR where the minimum requirements are always evolving. The GDPR is designed to have a rising floor that way.
The little blue book has an easy to understand outline, which cuts up doing privacy by design into 8 strategies, each accompanied by a number of tactics, that can all be used in parallel.

Those 8 strategies (shown in the image above) are divided into 2 groups, data oriented strategies and process oriented strategies.

Data oriented strategies:
Minimise (tactics: Select, Exclude, Strip, Destroy)
Separate (tactics: Isolate, Distribute)
Abstract (tactics: Summarise, Group, Perturb)
Hide (tactics: Restrict, Obfuscate, Dissociate, Mix)

Process oriented strategies:
Inform (tactics: Supply, Explain, Notify)
Control (tactics: Consent, Choose, Update, Retract)
Enforce (tactics: Create, Maintain, Uphold)
Demonstrate (tactics: Record, Audit, Report)

All come with examples and the final chapters provide suggestions how to apply them in an organisation.

At least I think it is…. Personal blogs don’t need to comply with the new European personal data protection regulations (already in force but enforceable from next week May 25th), says Article 2.2.c. However my blog does have a link with my professional activities, as I blog here about professional interests. One of those interests is data protection (the more you’re active in transparency and open data, the more you also start caring about data protection).

In the past few weeks Frank Meeuwsen has been writing about how to get his blog GDPR compliant (GDPR and the IndieWeb 1, 2 and 3, all in Dutch), and Peter Rukavina has been following suit. Like yours, my e-mail inbox is overflowing with GDPR related messages and requests from all the various web services and mailing lists I’m using. I had been thinking about adding a GDPR statement to this blog, but clearly needed a final nudge.

That nudge came this morning as I updated the Jetpack plugin of my WordPress blog. WordPress is the software I use to create this website, and Jetpack is a module for it, made by the same company that makes WordPress itself, Automattic. After the update, I got a pop-up stating that in my settings a new option now exists called “Privacy Policy”, which comes with a guide and suggested texts to be GDPR compliant. I was pleasantly surprised by this step by Automattic.

So I used that to write a data protection policy for this site. It is rather trivial in the sense that this website doesn’t do much, yet it is also surprisingly complicated as there are many different potential rabbit holes to go down. As it concerns not just comments or webmentions but also server logs my web hoster makes, statistics tools (some of which I don’t use but cannot switch off either), third party plugins for WordPress, embedded material from data hungry platforms like Youtube etc. I have a relatively bare bones blog (over the years I made it ever more minimalistic, stripping out things like sharing buttons most recently), and still as I’m asking myself questions that normally only legal departments would ask themselves, there are many aspects to consider. That is of course the whole point, that we ask these types of questions more often, not just of ourselves, but of every service provider we engage with.

The resulting Data Protection Policy is now available from the menu above.