Segmenta\c{c}\~ao Comportamental, Do Not Track e o desenvolvimento jur\'idico europeu e holand\^es

TL;DR

This paper examines European and Dutch legal frameworks on behavioral targeting, emphasizing the application of data protection laws and fair information principles, and explores how technology design can promote lawful and ethical data practices.

Contribution

It analyzes recent legal decisions and presumes Dutch law's explicit stance, offering insights into integrating fair information principles into technology design for behavioral targeting.

Findings

European law applies to behavioral targeting in most cases

Dutch law presumes data protection law applies to behavioral targeting

Fair information principles can guide future W3C projects

Abstract

This paper discusses legal developments in Europe and the Netherlands. Recent decisions show that European data protection law, or privacy law, applies to behavioral targeting in most cases. Dutch law explicitly presumes that data protection law applies to behavioral targeting. This means that companies have to comply with data protection law's fair information principles. For example, companies must refrain from secret or excessive data collection. Perhaps the principles could provide inspiration for future W3C projects. Could technology design foster fair information processing?