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Plausible Analytics Isn't GDPR Compliant

blog.paranoidpenguin.net

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Re: Plausible Analytics Isn't GDPR Compliant

#21

Earlier quoted context omitted.

If the algorithm for turning an IP address into a visitor ID is reversible then that ID is equivalent to the IP address as far as the GDPR is concerned.

I could not easily find it on the website, but I remember reading about how they do it, basically the ID is generated by hashing the IP + user-agent + a salt key that is changing on a daily basis. So, no, I do not think it is deterministic.

Is the salt key stored, or is it discarded?

Re: Plausible Analytics Isn't GDPR Compliant

#22

Earlier quoted context omitted.

If the algorithm for turning an IP address into a visitor ID is reversible then that ID is equivalent to the IP address as far as the GDPR is concerned.

I could not easily find it on the website, but I remember reading about how they do it, basically the ID is generated by hashing the IP + user-agent + a salt key that is changing on a daily basis. So, no, I do not think it is deterministic.

That is deterministic, but the key thing is that it is not reversible

Re: Plausible Analytics Isn't GDPR Compliant

#23
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

I think a lot of the confusion around the consent banner stuff arises from the 2002 EU ePrivacy Directive (ePD)[0] which long predates GDPR.

ePD introduced the idea of the cookie consent banners we see today.

While it was enacted in 2002, ePD didn't really start to come into broad legal force in many member states until ~2010ish (EU Directives are not like federal laws; instead they're implemented & enforced by individual member states separately).

GDPR's focus on prior consent makes consent banners in their popular format largely useless, but when GDPR came along, the intent was that PD should have been replaced by the accompanying EU ePrivacy Regulation (ePR)[1] to clarify this. ePR has been delayed, so we're in this ambiguous place.

[0] https://en.wikipedia.org/wiki/Privacy_and_Electronic_Communi...

[1] https://en.wikipedia.org/wiki/EPrivacy_Regulation

Re: Plausible Analytics Isn't GDPR Compliant

#24
post #18

Earlier quoted context omitted.

If the algorithm for turning an IP address into a visitor ID is reversible then that ID is equivalent to the IP address as far as the GDPR is concerned.

Nitpick: if it's reversible, determinism doesn't matter.

Yep indeed, deterministic isn't really the right word here. Reversibility is all that matters, although am I correct in saying that it would imply determinism?

Re: Plausible Analytics Isn't GDPR Compliant

#25
post #17

Plausible Analytics is GDPR compliant - with one possible exception - the IP address which if they dropped the last 3 digits would probably be enough. The blog post conflates general data points with PII. The IP address is considered PII. While other info can be used for fingerprinting, it’s ok to use in some capacity as long as you don’t. For background, I’ve done GDPR implantation a in the past, an a privacy advoca…

GDPR states “For data to be truly anonymised, the anonymisation must be irreversible”. So dropping 3 digits is clearly not enough to anonymize PII, it’s more pseudonymization.

Re: Plausible Analytics Isn't GDPR Compliant

#26
post #10
post #3

Earlier quoted context omitted.

If you're tracking a user in the EU, you need consent. The GDPR doesn't cover the 'how' -- just that it needs to be done. So, if there's tracking of any kind, you'll need consent. Applies off site as well -- pretty much every cold email tracking software, like Yesware, is in violation of GDPR, since you didn't get the recipient's consent to track their opens and clicks.

Consent is one of the legal bases for processing personally identifiable information[1]. There are five more, among which "legitimate interest" can cover a variety of cases. [1] https://ico.org.uk/for-organisations/guide-to-data-protectio...

Yeah, but the "legitimate interest" implies that the processing is necessary (because it override your consent). In which context and what kind of analytics is really necessary ? Analysis of the incoming channels ? Understanding if there are some technical problems ? Comparing engagement from different marketing solutions ?

I'm working on that market and find that interpretation is quite difficult as soon as you have multiple actors around the table. Example: because recommendations from DPAs are not exactly the same, then you may have different requirements of the same company from different country legal department within the UE.

Re: Plausible Analytics Isn't GDPR Compliant

#27
I think the article might be reading too much into it

Is Plausible actually tracking users? I mean actually allowing you to get a user's history (or IPaddr history) on your website across multiple days? (or a subset of this?)

If it does, then yes, it is not compliant without the user agreeing. If it doesn't, then no.

Re: Plausible Analytics Isn't GDPR Compliant

#28
post #17

Plausible Analytics is GDPR compliant - with one possible exception - the IP address which if they dropped the last 3 digits would probably be enough. The blog post conflates general data points with PII. The IP address is considered PII. While other info can be used for fingerprinting, it’s ok to use in some capacity as long as you don’t. For background, I’ve done GDPR implantation a in the past, an a privacy advoca…

I was under the impression that they did not store IP addresses, though I could be incorrect.

Their docs suggest as much https://docs.plausible.io/excluding/

"Most web analytics tools do this by excluding certain IP addresses from being counted. However, we do not store the visitors’ IP addresses in our database for privacy reasons"

Re: Plausible Analytics Isn't GDPR Compliant

#29
post #8
post #4

Earlier quoted context omitted.

> If you track a user, you have to get his consent before doing it This would mean any server-side analytics (looking at access logs, which include IP address and user-agent) cannot be used for analytics or tracking, since there is no way for a user to give/deny consent to a page that already has logged information on them.

You obtain consent and then you log only if consent was provided. You can essentially use two logs, one for technical purposes (under legitimate interests you should be fine logging as long as those logs are only used for technical/debugging/abuse prevention purposes and the data is not kept for longer than necessary) and one for marketing/analytics purposes. You only log to the second one if consent has been given,…

It's also probably a legitimate interest to retain data for marketing and analytics purposes, so long as that retention meets the same sort of guidelines. Marketing is explicitly highlighted as one of the applicable uses for legitimate interest.

Re: Plausible Analytics Isn't GDPR Compliant

#30

doesn't the GDPR protect against storing "Personally identifiable information"? Plausible does use the IP address for the visitor to create a unique visitor ID, but it does not store it, so I am not sure how can you use that information to link it to an individual.

If the algorithm for turning an IP address into a visitor ID is reversible then that ID is equivalent to the IP address as far as the GDPR is concerned.

Note that anything deterministic on IPs is reversible. There are only 4 billion IPv4 addresses so brute forcing is trivial.

It is more complicated for IPv6 but enough of the internet is IPv4 that you can't ignore that case.

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