Website Privacy Auditing: How to Mitigate Device Fingerprinting Risks

Starting this February, Google introduced a contentious update that allows advertisers to track users with Device Fingerprinting. Unlike traditional cookies, this method collects various characteristics from your browser and device to generate a unique digital fingerprint. In this post, we explain what device fingerprinting is, discuss the compliance risks it presents, and share practical strategies for auditing and securing your website.

What Is Device Fingerprinting?

Device fingerprinting is a tracking technique that gathers multiple data points from a user’s device. These include details such as the operating system, browser type, installed fonts, plugins, screen resolution, and more. By combining these factors, a unique digital identifier is created for each user.

Think of it like entering a room where people can recognize you based on your appearance and mannerisms without even speaking. Unlike cookies, which rely on user consent and can be managed or deleted, device fingerprinting works in the background and is not easily controlled by the user.

Why Is Device Fingerprinting a Problem?

There are several reasons why device fingerprinting raises serious concerns, particularly for privacy compliance:‍

• Lack of User Control:
  With cookies, users have the option to accept or reject tracking. Device fingerprinting, however, operates without any explicit user consent, meaning that tracking occurs without the user’s awareness.
  
  
• Hard to Detect:
  Unlike cookies that are visible in browser settings, device fingerprinting is conducted silently in the background. Detecting this type of tracking requires specialized tools and technical expertise that are not readily available to most users.
  
  
• Persistent Tracking:
  Even when users clear their cookies or browser data, the digital fingerprint remains unchanged. This allows continuous tracking despite attempts to protect privacy.
  
  
• Regulatory Concerns:
  Privacy regulators, such as the UK’s Information Commissioner’s Office (ICO), have raised alarms about tracking methods that bypass user consent. If device fingerprinting is deployed without proper consent or legal grounds, organizations may face regulatory action under laws like GDPR and CPRA/CCPA.
  

Steps for Privacy Professionals to Mitigate Risks

For privacy lawyers and managers, addressing the risks of device fingerprinting is crucial. Here are some practical steps to help manage these risks:

1. Audit Your Website:
   Begin with a comprehensive audit to identify any device fingerprinting techniques in use. Review both first-party scripts and third-party tools to understand how data is being collected.
   
   
2. Collaborate with Your Teams:
   Work closely with IT, marketing, and legal teams to determine the necessity of these tracking methods. Evaluate whether alternative, more compliant solutions can be implemented.
   
   
3. Limit Data Collection:
   If device fingerprinting is necessary, minimize the number of characteristics collected and ensure fingerprinting data points are not sent to third parties without proper consent. Reducing data points can lower the risk to user privacy and help ensure better compliance with privacy regulations.
   
   
4. Vet Third-Party Vendors:
   Many websites use third-party tools for analytics, advertising, and other services. It is important to assess these vendors for aggressive fingerprinting practices. If a vendor poses a higher risk, consider adjusting their settings or opting for a more privacy-compliant alternative.
   
   
5. Transparent Disclosure:
   Update your privacy policy to clearly disclose the use of device fingerprinting. Transparency with users builds trust and ensures that your organization meets legal obligations regarding data collection.
   
   
6. Implement Continuous Monitoring:
   Websites are dynamic, with scripts and settings constantly changing. Set up a framework for regular monitoring of your site to detect any new or modified fingerprinting practices and track fingerprinting data flows based each possible consent action. Regular audits, whether weekly or monthly, can help you stay ahead of potential compliance issues.
   

How Privado Can Help

Keeping up with privacy regulations and ensuring that your website remains compliant can be challenging. Privado offers a platform that scans your website for various compliance risks, including device fingerprinting. Our tools can help you audit third-party vendors, track data flows based on consent, and continuously monitor your site to ensure you’re meeting regulatory standards.

For privacy professionals dedicated to protecting user data and ensuring legal compliance, having the right auditing tools is essential. If you’re looking for a free website audit or more information on how to safeguard your site against device fingerprinting risks, get in touch with us today.

Key Takeaways

Device fingerprinting introduces a modern challenge in the realm of digital privacy. While it provides advertisers with an alternative to cookies, the risks it carries, such as lack of user control, difficulty in detection, and persistent tracking, make it a critical concern for privacy professionals. By conducting thorough website audits, collaborating with cross-functional teams, limiting data collection, carefully vetting third-party vendors, ensuring transparent disclosure, and implementing continuous monitoring, organizations can better manage these risks and stay compliant with evolving privacy regulations.

Staying proactive and informed is key to protecting user privacy and maintaining regulatory compliance. Whether you are a privacy lawyer or manager, taking these steps will help safeguard your website against the hidden risks of device fingerprinting.