3 ms·
"Art. 7 GDPR Conditions for consent 4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of
by textmode 8y ago
"Art. 7 GDPR Conditions for consent
4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract."
A question to ask of Facebook is whether collection of such personal data as facial recognition is necessary to provide the service the user wants.
For example, if the user wants to keep in contact with a friend through Facebook, is facial recognition necessary for Facebook to provide that service?
If it is not necessary, and Facebook asks for consent anyway, then should the user be able withhold consent and still receive the service she wants.
If not, under Art 7(4) is there an argument that consent was not freely given.
Facebook could try to argue that facial recognition is "required" to provide the service, but what if the existing user only wants the service she enjoyed in the past (without ever having to consent to facial recognition).
In sum, is it possible for users to reject new "features" and still receive the service they want, if those "features" are not necessary in order to provide the service.
Are facial recognition "necessary" to provide the service to users that users want or is it necessary to provide service to advertisers that advertisers want.
Who wants facial recognition? Is it the users choice.
Do you want to turn on facial recognition?
[ ] Yes
[ ] No