Shopper Tracking & the Shopper’s Disclosure of Personal Data

Christian Høyer Rasmussen

Student thesis: Master thesis

Abstract

This thesis centres on the use of shopper tracking and examines what a company should include in an economic assessment hereof, as well as examins on which legal grounds shopper tracking can be used to collect personal data. In addition, the thesis studies the individual’s willingness to disclose personal data, and on this basis constructs a model for how to sway subjects to disclose personal data via shopper tracking, providing a number of factors for the company to apply. The thesis sets out by identifying the relevant costs and benefits to include in an assessment of shopper tracking, e.g. the commercial value when used in connection to shopper marketing. The thesis compiles these costs and benefits in a frame, on which a company is able to base their assessment, and concludes that the company needs to include costs related to the individual’s willingness to disclose personal data. The thesis then examines the individual’s willingness to disclose by applying privacy calculus theory and behavioral economics. Further a literature review is conducted in order to identify the factors affecting the individual’s willingness to disclose. On this basis a model is constructed on how to sway the subjects to disclose personal data. Next the thesis analyses on which legal grounds shopper tracking can be used to collect personal data today, as well as under the legal regime coming into force with the EU General Data Protection Regulation in 2018. The analysis concludes that the subject’s consent most likely will be required, due to the company’s interests being overridden by the subject’s interesets. Further the laws on marketing and data protection are found to interact, adding an extra dimension of requirements when the company’s obtains consent from a subject. Finally, the thesis examines whether the laws on marketing and data protection limit the use of the model presented. The thesis concludes that companies to a great extent will be able to apply the model without any legal limitations, causing the thesis to question, whether the subject’s right to self-determination is appropriate in this regard.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2016
Number of pages83
SupervisorsJan Trzaskowski & Jesper Clement