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I don't think this is very useful in most cases. Suppose a service requires data transmission to operate, either intrinsically, or it just chooses to require it

I don't think this is very useful in most cases. Suppose a service requires data transmission to operate, either intrinsically, or it just chooses to require it. It displays a checkbox, unchecked by default, and unless the user checks it, the service isn't going to work; checking the checkbox is functionally equivalent to the "I Agree" TOS button. I expect users will check the checkbox without reading any explanations, just as today they click "I Agree" without reading anything. And if this is a legal requirement, then service providers are greatly incentivized to require data transmission as a condition of using the service. If it's optional, then very few users will go into settings and enable it. If it's mandatory, then all users are going to agree, in order to use the service.

rmc 10y ago
> Suppose a service requires data transmission to operate, either intrinsically, or it just chooses to require it No services really requires data transmission. It's just the owners have decided to run it that way. > I expect users will check the checkbox without reading any explanations, just as today they click "I Agree" without reading anything. Within EU Data Protection law, you have to get "freely given, informed consent" for things. And a checkbox which links to 30 pages of legalese does not necessarily count as informed consent. Just because your users clicked a checkbox/clickthrough, that doesn't mean you're in the clear legally. > if this is a legal requirement, then service providers are greatly incentivized to require data transmission as a condition of using the service Unrestricted data transmission (and processing) is not legal in the EU. EU fundamental rights law specifies that. So you can't necessarily create a service which from the start requires that sort of agreement.
- danarmak 10y ago
  > No services really requires data transmission. Some services do. For instance, Waze builds live traffic maps because all its users upload their locations / speed / etc. > It's just the owners have decided to run it that way. Which is their right, as long as the users give informed consent. What I would like to know is how, in practice, such consent can be sought or given. > And a checkbox which links to 30 pages of legalese does not necessarily count as informed consent. I'm not saying it does, necessarily. I'm asking what does count as informed consent? Can you give an example of consent done right?
  - Klockan 10y ago
    Oauth popups is a good example of how to give consent. They are opt in and usually say exactly to whom you share information and what kind of information they will get.
sgift 10y ago
German data law is very strict, so yes, it is useful: - You can only take as much as you need - You cannot ask for data for one thing and use it for another - You have to clearly state what data you will use for what purpose - The opt-in has to be distinct from other opt-ins (so, 100 pages of EULA and then a checkbox "I accept" doesn't cut it) The only problem here is that the penalities for breaking the data protection laws aren't very high .. I'd like to see percentages of a companies revenue.
- rmc 10y ago
  > German data law is very strict Technically this law is European-wide, not just Germany. It's from the EU, and the Charter of Fundamental Rights of the European Union (Basically the EU's Bill of Rights). Article 8 lists your personal data rights. The EU/US Safe Harbour was invalidated by the Court of Justice of the EU, after an Austrian person took a case against Facebook in Ireland. > The only problem here is that the penalities for breaking the data protection laws aren't very high .. DPAs have the authority to force companies to stop doing things. They might not be able to fine Facebook a meaningful amount, but they can get a court order to stop them doing it. > I'd like to see percentages of a companies revenue. That is being proposed.

rmc 10y ago

> Suppose a service requires data transmission to operate, either intrinsically, or it just chooses to require it No services really requires data transmission. It's just the owners have decided to run it that way. > I expect users will check the checkbox without reading any explanations, just as today they click "I Agree" without reading anything. Within EU Data Protection law, you have to get "freely given, informed consent" for things. And a checkbox which links to 30 pages of legalese does not necessarily count as informed consent. Just because your users clicked a checkbox/clickthrough, that doesn't mean you're in the clear legally. > if this is a legal requirement, then service providers are greatly incentivized to require data transmission as a condition of using the service Unrestricted data transmission (and processing) is not legal in the EU. EU fundamental rights law specifies that. So you can't necessarily create a service which from the start requires that sort of agreement.

danarmak 10y ago
> No services really requires data transmission. Some services do. For instance, Waze builds live traffic maps because all its users upload their locations / speed / etc. > It's just the owners have decided to run it that way. Which is their right, as long as the users give informed consent. What I would like to know is how, in practice, such consent can be sought or given. > And a checkbox which links to 30 pages of legalese does not necessarily count as informed consent. I'm not saying it does, necessarily. I'm asking what does count as informed consent? Can you give an example of consent done right?
- Klockan 10y ago
  Oauth popups is a good example of how to give consent. They are opt in and usually say exactly to whom you share information and what kind of information they will get.

sgift 10y ago

German data law is very strict, so yes, it is useful: - You can only take as much as you need - You cannot ask for data for one thing and use it for another - You have to clearly state what data you will use for what purpose - The opt-in has to be distinct from other opt-ins (so, 100 pages of EULA and then a checkbox "I accept" doesn't cut it) The only problem here is that the penalities for breaking the data protection laws aren't very high .. I'd like to see percentages of a companies revenue.

rmc 10y ago
> German data law is very strict Technically this law is European-wide, not just Germany. It's from the EU, and the Charter of Fundamental Rights of the European Union (Basically the EU's Bill of Rights). Article 8 lists your personal data rights. The EU/US Safe Harbour was invalidated by the Court of Justice of the EU, after an Austrian person took a case against Facebook in Ireland. > The only problem here is that the penalities for breaking the data protection laws aren't very high .. DPAs have the authority to force companies to stop doing things. They might not be able to fine Facebook a meaningful amount, but they can get a court order to stop them doing it. > I'd like to see percentages of a companies revenue. That is being proposed.