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People keep going to consent, but I'm pretty sure in many cases they're wrong to do so. > Consent is presumed not to be freely given if it does not allow se
by kybernetikos 8y ago
People keep going to consent, but I'm pretty sure in many cases they're wrong to do so.
> Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance.
and the ICO guidance is
> Consent should be separate from other terms and conditions and should not generally be a precondition of signing up to a service.
Even when consent is given, the users interests still have to be considered during processing, so it's not like it's a do-whatever-you-like card. Just because a user says they consent to you doing something with their data, doesn't necessarily mean you can if that thing is obviously not in their interests.
I wish the fact that consent is only a weak basis under GDPR were made more clear, since if we just end up with an internet that requires consent on every site then the law has just made things worse and made nothing better.