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Privacy/Policy/NTIA RFC: Difference between revisions
→II. Issues Suitable for Multistakeholder Processes and Codes of Conduct in Privacy
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One of the challenges in developing codes of conduct for online privacy is the pace of technological innovation and, in many cases, a lack of accountable institutions specialized in those areas of development. In the case of newly emerging technical capabilities and associated business practices, existing institutional and public stakeholders may not be well prepared, vested or focused to fully understand important nuances in how users are engaging with them, such that there aren't well defined partners to participate in developing and promulgating codes of conduct. | One of the challenges in developing codes of conduct for online privacy is the pace of technological innovation and, in many cases, a lack of accountable institutions specialized in those areas of development. In the case of newly emerging technical capabilities and associated business practices, existing institutional and public stakeholders may not be well prepared, vested or focused to fully understand important nuances in how users are engaging with them, such that there aren't well defined partners to participate in developing and promulgating codes of conduct. | ||
For instance, if we look at mobile apps, with privacy issues associated with notices, location, advertising, and new types of personal data, it isn't clear today who the particular stakeholders would be to represent all the parties engaged in this vibrant and rapidly emerging area. Unlike the advertising industry, where a handful of influential trade associations represent both the major and independent companies, the corollary doesn't appear to exist for app developers. | For instance, if we look at mobile apps, with privacy issues associated with notices, location, advertising, and new types of personal data, it isn't clear today who the particular stakeholders would be to represent all the parties engaged in this vibrant and rapidly emerging area. Unlike the ongoing work by the advertising industry related to online behavioral advertising (OBA), where a handful of influential trade associations represent both the major and independent companies, the corollary doesn't appear to exist for app developers. Note the overall process related to OBA and privacy leaves lots to be desired from an open, multistakeholder process. However, the trade associations have provided an important forum for their members to engage with other stakeholders on privacy. For mobile apps, while there are major mobile trade associations like the GSMA, which brings together the major mobile carriers and has developed a set of privacy principles, it's an open question as to whether it or any other group would have the convening power to mobilize the decentralized app industry to adhere to a code of conduct similar to what we've seen with OBA and privacy. | ||
This led us to consider what conditions would need to be met for a particular privacy issue to be suitable for a multistakeholder process to generate a meaningful, voluntary and enforceable code of conduct. From our perspective, there appear to be five conditions necessary for determining if a code of conduct is suitable as a way to create a set of rules that can effectively protect consumer privacy, as opposed to other mechanisms like technology solutions or government regulation. | This led us to consider what conditions would need to be met for a particular privacy issue to be suitable for a multistakeholder process to generate a meaningful, voluntary and enforceable code of conduct. From our perspective, there appear to be five conditions necessary for determining if a code of conduct is suitable as a way to create a set of rules that can effectively protect consumer privacy, as opposed to other mechanisms like technology solutions or government regulation. | ||