4 ms·

> We would like to add a checkbox to the installer, exact wording TBD, but along the lines of “Send diagnostics information to help improve Ubuntu”. This would

by lloeki 9y ago

> We would like to add a checkbox to the installer, exact wording TBD, but along the lines of “Send diagnostics information to help improve Ubuntu”. This would be checked by default. This is about a choice presented as a checkbox that is checked by default during installation, not about a feature silently enabled by default you have to then opt out of.

dz0ny 9y ago
Opt-in by GDPR means that you have to specifically click on checkbox, button, url and say "I consent on collection of this data(list of things that will be collected) on behalf Canonical LTD."
- ryanworl 9y ago
  Consent is just one way to legally process personal data. If their basis for processing it is something other than consent, an opt-out is them going above their responsibility.
  - rbf 9y ago
    True. However, it's hard to argue diagnostics data for Ubuntu would be performance of contract (art 6.1: b). It could be argued legitimate interest (arg 6.1: f), but then the right to object comes into play.
    - ryanworl 9y ago
      Yes, it definitely wouldn’t be performance of a contract! I have no insight into their reasoning here, I just wanted to bring this fact up given I see people talking about consent all the time when that is not the only basis allowed under the law.
zimpenfish 9y ago
I believe GDPR specifically disallows "checked by default" for consent.
wjnc 9y ago
The GPDR asks for a deliberate action to opt-in (“silence, pre-ticked boxes or inactivity” should not constitute consent). So they should make it a very prominent choice to opt-in. No more opt-out in Europe.
- lloeki 9y ago
  > “silence, pre-ticked boxes or inactivity” should not constitute consent Could you give a reference for that? I found this with a couple of examples[0] but my understanding so far is that as long as it's a separate isolated step dedicated to that question with clearly worded language explaining the collection, followed by a very explicit "I agree" button or checkbox, then it's fine. The step itself (not the checkbox) constitutes wilful agreement, as it requires action for that dedicated step: it's definitely not "inactivity" nor "silent". Here I assume the button to move to the next step is not simply labeled "next step", nor is it actionable by simply pressing the enter or space key, possibly by mistake. [0]: https://dma.org.uk/article/gdpr-in-practice-tick-box-consent-forms https://dma.org.uk/article/gdpr-in-practice-tick-box-consent...
  - wjnc 9y ago
    It's right there in the regulation under (32) [0] I find your workflow reasonable, but it would fall short under 'free'. Negative and positive action are two different things and in this case the wording is quite clear ("clear affirmative act", "pre-ticked box [..] should not"). [0] http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=NL http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX...
r3bl 9y ago
That's still tracking by default. A safe bet in this case would be a "double opt-in" approach, in which they have a checkmark during the installer, and then send an interactive notification asking you to verify your decision after the installation. In such a case, tracking would need to be enabled only after the user has clicked "yes" on a notification. The idea here is that the user has to do something explicitly to enable tracking. Clicking "next" on an installer isn't an explicit user action.

by lloeki 9y ago

dz0ny 9y ago

Opt-in by GDPR means that you have to specifically click on checkbox, button, url and say "I consent on collection of this data(list of things that will be collected) on behalf Canonical LTD."

ryanworl 9y ago
Consent is just one way to legally process personal data. If their basis for processing it is something other than consent, an opt-out is them going above their responsibility.
- rbf 9y ago
  True. However, it's hard to argue diagnostics data for Ubuntu would be performance of contract (art 6.1: b). It could be argued legitimate interest (arg 6.1: f), but then the right to object comes into play.
  - ryanworl 9y ago
    Yes, it definitely wouldn’t be performance of a contract! I have no insight into their reasoning here, I just wanted to bring this fact up given I see people talking about consent all the time when that is not the only basis allowed under the law.

zimpenfish 9y ago

I believe GDPR specifically disallows "checked by default" for consent.

wjnc 9y ago

The GPDR asks for a deliberate action to opt-in (“silence, pre-ticked boxes or inactivity” should not constitute consent). So they should make it a very prominent choice to opt-in. No more opt-out in Europe.

lloeki 9y ago
> “silence, pre-ticked boxes or inactivity” should not constitute consent Could you give a reference for that? I found this with a couple of examples[0] but my understanding so far is that as long as it's a separate isolated step dedicated to that question with clearly worded language explaining the collection, followed by a very explicit "I agree" button or checkbox, then it's fine. The step itself (not the checkbox) constitutes wilful agreement, as it requires action for that dedicated step: it's definitely not "inactivity" nor "silent". Here I assume the button to move to the next step is not simply labeled "next step", nor is it actionable by simply pressing the enter or space key, possibly by mistake. [0]: https://dma.org.uk/article/gdpr-in-practice-tick-box-consent-forms https://dma.org.uk/article/gdpr-in-practice-tick-box-consent...
- wjnc 9y ago
  It's right there in the regulation under (32) [0] I find your workflow reasonable, but it would fall short under 'free'. Negative and positive action are two different things and in this case the wording is quite clear ("clear affirmative act", "pre-ticked box [..] should not"). [0] http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=NL http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX...

r3bl 9y ago

That's still tracking by default. A safe bet in this case would be a "double opt-in" approach, in which they have a checkmark during the installer, and then send an interactive notification asking you to verify your decision after the installation. In such a case, tracking would need to be enabled only after the user has clicked "yes" on a notification. The idea here is that the user has to do something explicitly to enable tracking. Clicking "next" on an installer isn't an explicit user action.