1. Protecting privacy: Regulation and its unintended consequences for survey research Dr. Dan Nunan Henley Business School, University of Reading www.twitter.com/DanNunan

2. May 2014

3. The “European Standard” for data protection is becoming the norm in most parts of the world with privacy laws.

5. Background January 2012 → proposal to reform 1995 data protection legislation. Why? → “Strengthen privacy rights and boost Europe’s digital economy.” How? One continent. One law. A single pan-European law for data protection replacing 28 national laws. One-stop-shop. A single supervisory authority. The same rules for all companies – regardless of their establishment. Companies from outside the EU will have to comply. Large fines. up to $100m or 5% of turnover. 5

6. What is driving data regulation? 1.Existing data protections are largely ineffective in the light of changing online and consumer behaviour. 2.Online services are taking on the characteristics of utilities. 3.The limitations of national legislation when so much online data travels beyond national boundaries and jurisdiction. 4.The “Snowden effect”: data control has become an issue of national security. 5.Politics: impact of US lobbying & corporate influence. 6

7. Consumer rights “Saying nothing is not the same thing as saying yes” 7 A right to erasure Data portability Explicit consent

8. Regulations & Market Research (1)* 8 Limited exemptions for research. * text from amended draft legislation.

9. Regulations & Market Research (2) Limited exemptions for research.

10. Regulations & Market Research (5) 10 Consent

11. Possible (un)intended consequences: More extensive consent process. Limited opportunities for retention of data. Difficulties in using US based survey services. Use of gender based questions (e.g. “Mr” “Mrs”). Impact of “icon” based privacy notices on response rates. 11

12. The future Regulations held back by power struggles within the EU (UK vs. Germany). Likely to be passed in 2015 - implementation date 2017. However, general direction is clear…. In the future regulations are likely to have a significant impact on the way that online data can be used in research. 12

13. www.henley.ac.uk Thank you. Dr. Dan Nunan, University of Reading d.f.nunan@henley.ac.uk twitter.com/DanNunan d.f.nunan@henley.ac.uk twitter.com/DanNunan