Europarådet har i ett meddelande till ESOMAR förtydligat att marknadsundersökningar inte omfattas av förslaget att begränsa användning av cookies och web bugs på webbplatser som används av marknadsundersökare, t.ex. vid användandet av webbenkäter. Förtydligandet innebär att MR branschen slipper ytterligare ett administrativt betungande regelverk.
The Council of Europe has informed ESOMAR that market research surveys are not subject to the draft restrictions it is preparing on profiling techniques. This clarification obtained by ESOMAR means less administrative regulatory burden for researchers.
The aim of the Council of Europe recommendation is to ensure that the collection and processing of data in public and private sectors such as banking, insurance, health, police etc. or carried out with the help of a technique or technology such as smart cards, video surveillance or direct marketing, or relating to a particular category of data (sensitive, biometric, etc.) does not unfairly discriminate against an individual.
It is targeted at “the use of numerous technologies such as web bugs and cookies, which may be used in combination and which, by their very nature, make it possible to observe and trace individuals without their knowledge.”
Some of these techniques and technologies might sound very similar to techniques used by market, social and opinion research. This sector depends on representative samples for its accuracy and in order to maintain the efficiency and quality of samples, the industry regularly employs profiling techniques to identify possible respondents with particular characteristics who have the potential to be included in a representative sample of a population.
The Council of Europe had previously indicated to ESOMAR in June 2010 that statistical surveys fall outside the scope but as it gave no reason why, ESOMAR asked for clarification. The Strasbourg-based standard setting body has now specifically stated that: “the collection and processing of personal data with a view to setting up a sample or the collection and processing of personal data for statistical surveys or for the production of statistical results are not covered by the draft recommendation on profiling”.
The Council of Europe secretariat advised that such activities producing statistical results continue to be regulated by the Recommendation on the protection of personal data collected and processed for statistical purposes dating from 1997. Members of the Council of Europe have the choice to fully implement the 1997 recommendation and ESOMAR is considering further investigation of this.
Whilst not legally binding, Council of Europe recommendations have a strong influence on legislation introduced in all Council of Europe member states including within the EU.