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How we built a GDPR-compliant website analytics platform without using cookies

usefathom.com

21–30 of 129 posts

Re: How we built a GDPR-compliant website analytics platform without using cookies

#21

As a user of the open source version of Fathom, I'm a little concerned by the lag in publishing this update to the community edition. I assumed development work was happening in the open on Github, but I guess that's not the case?

Whole new language & codebase. Old developer left, we don't write Go.

Re: How we built a GDPR-compliant website analytics platform without using cookies

#22

Most schemes of this kind are just more complicated cookies that people hope will avoid the GDPR provisions by dint of being obfuscated. What the article is discussing looks (at first brush) to be a sensible way of aggregating users up-front before it hits the database, rather than later. So no personal data is stored. Does this meet the requirements for a site to avoid notifying users under the GDPR? I have no idea.…

In response to your final question, this[1] document from the UK's ICO has some interesting info. Essentially you're either a Data Controller (that would be your site in this example) or a Data Processor (Fathom, in this case -- probably?!).

"64. The ICO cannot even take action directly against a processor who is entirely responsible for a data breach, for example by failing to deliver the security standards the controller has required it to put into place. However, in these cases the ICO may decide not to take any enforcement action against the controller if it believes it has done all it can to protect the personal data it is responsible for and to ensure the reliability of its processor, for example through a written contract. However, whilst the ICO cannot take action against the processor, the data controller could take its own civil action against its data processor, for example for breach of contract."

Though it goes on to say that in some circumstances, the processor can _become_ a controller, in which case the ICO can go after it.

[1]: https://ico.org.uk/media/for-organisations/documents/1546/da...

Re: How we built a GDPR-compliant website analytics platform without using cookies

#23

As a user of the open source version of Fathom, I'm a little concerned by the lag in publishing this update to the community edition. I assumed development work was happening in the open on Github, but I guess that's not the case?

Whole new language & codebase. Old developer left, we don't write Go.

So it's not as easy as just pushing the update to the repo. We are still committed to open-source, but we also have a business to run and need to make a living here (we're two dudes who care about privacy, not a huge company with deep pockets) :)

The community version is getting a full update soon. We just have to focus on profit a bit (this keeps us in business and able to update the repo).

Re: How we built a GDPR-compliant website analytics platform without using cookies

#24

Earlier quoted context omitted.

Whole new language & codebase. Old developer left, we don't write Go.

So it's not as easy as just pushing the update to the repo. We are still committed to open-source, but we also have a business to run and need to make a living here (we're two dudes who care about privacy, not a huge company with deep pockets) :) The community version is getting a full update soon. We just have to focus on profit a bit (this keeps us in business and able to update the repo).

There's certainly nothing wrong with that. But this sounds a little defensive. And if you're going to promote the "Community Edition"/open-source nature of the codebase, this should probably be made more clear to your users/contributors. (Maybe it is made clear and I'm just not seeing it, though - this is my first time hearing about this product).

Re: How we built a GDPR-compliant website analytics platform without using cookies

#26

I think the GDPR was enacted into law not to prevent cookies, but to prevent collecting data on regular people. This seems to circumvent the technicalities of the law but not the spirit. The risk is that they enact a new law that puts even further restrictions on website operators. I'm not sure this is a good idea.

Appreciate the note and thought here. I do disagree though, as it feels like the spirit of GDPR is to make into law the protection and privacy for regular people. Fathom does this to the best of our ability, and our code reflects our agreement with the spirit of the law.

Analytics is required for business and isn't going anywhere. The laws don't feel like they are trying to shut down analytics completely, they are just asking this type of software to do better. That's what I think we are doing with this—and there are no other analytics companies who come close to our level of obfuscation and non-tracking of personal data.

If the intent of the law is do better with privacy and data, we are doing it to the best of our abilities. It's not a skirting around the issue, we are agreeing with it in our code and logic for how our tracker works.

Re: How we built a GDPR-compliant website analytics platform without using cookies

#27

I think the GDPR was enacted into law not to prevent cookies, but to prevent collecting data on regular people. This seems to circumvent the technicalities of the law but not the spirit. The risk is that they enact a new law that puts even further restrictions on website operators. I'm not sure this is a good idea.

Thanks for the concern here. We are GDPR compliant (and may be exempt from it). See here: https://usefathom.com/data/

You might like to edit the line on that policy page that refers to "the most privacy-focused manor"... while a privacy-focused manor is an interesting idea, I suspect you meant "manner". :)

Re: How we built a GDPR-compliant website analytics platform without using cookies

#28
post #4

sorry but, isn't that a (unnecessarily complex) cookie?

Look, entire industries exist for being complaint with the letter but not the spirit of the law so I'm sure that this in no way meets the definition of a cookie as far as the GPDR is concerned.

However, this is absolutely a cookie. Scraping just enough information from the browser to create a unique but stable hash and then having the browser compute it every request isn't at all different from that browser information acting as the cookie.

Re: How we built a GDPR-compliant website analytics platform without using cookies

#30

I think the GDPR was enacted into law not to prevent cookies, but to prevent collecting data on regular people. This seems to circumvent the technicalities of the law but not the spirit. The risk is that they enact a new law that puts even further restrictions on website operators. I'm not sure this is a good idea.

Thanks for the concern here. We are GDPR compliant (and may be exempt from it). See here: https://usefathom.com/data/

Tell me if I get this correct:

Alice visit a site and gets the hash 1234. The analytics data is stored and associated with hash 1234, but soon after, hash 1234 is removed. However the aggregate visitor analytic that was associated with hash 1234 data persists. Then another user (say Alice again) returns and gets hash 5678. Analytic data is tracked, stored with hash 5678 for the 30 minutes (or less), and then hash 5678 is again removed. However the analytic data that was associated with 5678 is aggregated with the rest?

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