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May 2014

Protecting privacy: Regulation and its unintended consequences for survey research Dr. Dan Nunan Henley Business School, University of Reading www.twitter.com / DanNunan. May 2014. The “European Standard” for data protection is becoming the norm in most parts of the world with privacy laws.

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May 2014

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  1. Protecting privacy: Regulation and its unintended consequences for survey researchDr. Dan NunanHenley Business School, University of Readingwww.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.

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

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

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

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

  9. Regulations & Market Research (5) • Consent

  10. 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. 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. Thank you.Dr. Dan Nunan, University of Readingd.f.nunan@henley.ac.uktwitter.com/DanNunan www.henley.ac.uk

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