1. © iCompli Ltd. 2010 ‘CONSUMER SURVEILLANCE’ AND THE POWER OF CONSENT Big Data, Privacy and Revenue

2. Copyright iCompli ® Limited 2015 The next 20 minutes Big Data Consumer Surveillance ‘Whatever’ I’m a marketer

3. Copyright iCompli ® Limited 2015 Remind me, what is Big Data?  VOLUME  Big data uses massive datasets  VELOCITY  In motion, real time, now  VARIETY  Combining datasets

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5. The ‘Give-Get’ equation  When consumers feel they're getting a tangible benefit for their personal information, their resistance to data collection starts to fade  Big Data has the power to be truly transformative, but it is critical that we first understand its psychological and ethical implications

6. Copyright iCompli ® Limited 2015 Just consider for a minute.. ‘Findings suggest that HIV status is associated with sexual risk behaviours and SNS use among SNS-using MSM. We discuss the implications for online HIV prevention’.

7. Copyright iCompli ® Limited 2015 That’s No Phone. That’s My Tracker  Role of monitoring in in the exploitation of user generated content Prediction is the data- fuelled fantasy of interactive marketing Javier Jaén Benavides

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9. “Allow your phone to learn places you frequently visit in order to provide useful location-related information”

10. Copyright iCompli ® Limited 2015 Let’s change the words; Still happy?” “Allow your phone [Apple Inc., law enforcement agencies and insurers] to learn places you frequently visit in order to provide useful location-related information” “Transparency” “Intervenability”

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13. WONGA Privacy  “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”

14. Copyright iCompli ® Limited 2015 Before I lose you.. I’m a marketer, am I bothered?

15. Copyright iCompli ® Limited 2015 “USING CONSENT AWARENESS TO INCREASE LEAD GENERATION SUCCESS”

16. Copyright iCompli ® Limited 2015 General Data Protection Regulation  New EU law on privacy AFFECTING marketers  Likely to be finalised 2016 and in force 2018  You WILL have to MAKE CHANGES  CONSENT is central to the law

17. Copyright iCompli ® Limited 2015 What does CONSENT mean?  If the law requires OPT-IN what does this mean in the context of your marketing?  Does opt-in mean consent?  If so, what is consent?  And how is it obtained?

18. Copyright iCompli ® Limited 2015 3 Key Elements of consent CONTROL Autonomous, Self determination TRANSPARENCY Consent must be informed NOTIFICATION Express my wishes (how an when)

19. Copyright iCompli ® Limited 2015 So what constitutes consent today?  “The data Subject’s consent shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed”. 95/46/EC Article 2(h) “... any... indication of his wishes... signifies...” In principle there are no limits as to the form consent can take

20. Copyright iCompli ® Limited 2015 So what constitutes VALID consent?  “The data Subject’s consent shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed”. CONTROL TRANSPARENCY NOTIFIED or EXPRESSED

21. Copyright iCompli ® Limited 2015 What constitutes a forward thinking 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

22. Copyright iCompli ® Limited 2015 Words!  Explicit  stated clearly and in detail, leaving no room for confusion or doubt.  Infer  deduce or conclude (something) from evidence and reasoning rather than from explicit statements.  Express  convey (a thought or feeling) in words or by gestures and conduct. Often used in place of explicit!  Implicit (implied)  suggested though not directly expressed.

23. Copyright iCompli ® Limited 2015 Plumber’s tap

24. Copyright iCompli ® Limited 2015 7 Key Take Aways 1.Always seek consent for specific uses of PII, e.g. email marketing 2.Consent is acquired and evidenced through unambiguous, informed, indication 3.Consent will resist scrutiny when you have been explicit i.e. providing all the information required to make an informed decision 4.Global Framework includes a consistent approach to the mechanism of acquiring consent 5.Purpose statements (privacy policies) are written to support the development of new business and deliver transparency 6.Use of PII is globally controlled to an agreed purpose statement – no loose canons 7.Operate to the highest level of consent management achievable with current marketing systems and specify new systems which enhance consent management.

25. Copyright iCompli ® Limited 2015 About your speaker and iCompli ® iCompli ® Limited Kemp House, London EC1V 2NX Duncan Smith Main: 0844 88 44 235 email: duncans@icompli.co.uk Web: www.icompli.co.ukwww.icompli.co.uk Blog: http://icompli.blogs.com/http://icompli.blogs.com/ Twitter: @duncan_icompli