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I can't speak to how informed you were when you gave the consent, but if you are using the service, you provided it. "Law & Order and the Public Interest. We m

by yborg 8y ago

I can't speak to how informed you were when you gave the consent, but if you are using the service, you provided it. "Law & Order and the Public Interest. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or appropriate government request; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Dropbox or our users; (d) protect Dropbox’s rights, property, safety, or interest; or (e) perform a task carried out in the public interest." I would assume that this research fell under the "task carried out in the public interest" clause.

plg 8y ago
If THAT is their defense —- we all agreed to it even if we didn’t understand it at the time —- well then good luck to them
- smokeyj 8y ago
  Why else would Condi Rice be on the board /puts on tinfoil hat
- Alex3917 8y ago
  Isn’t public interest a criteria for getting IRB approval? Having read all the recent AoIR threads on ethics, this doesn’t seem outside of the accepted norms.
  - krageon 8y ago
    Accepted by who? Obviously not the person you are responding to. Ethics is a relative field, not one full of absolutes.
IshKebab 8y ago
That doesn't stand up under the GDPR any more as far as I know.
- trampypizza 8y ago
  I imagine the work was carried out by a processor, which could be perfectly legal if the contract between the two entities had adequate data protection clauses. This is just a guess though, I'm sure its much more complex than that.
  - blub 8y ago
    If they asked consent specifically for these types of studies, then it's legal. As in: a form asking the user if their information can be used in this way and giving them the possibility of opting out. Adding one more clause to the privacy policy doesn't count.
    - greggman 8y ago
      opting-out is not OK via the GDPR. Only Opt-In is allowed or at least that's my reading GDRP section 32 Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject's consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1532348683434&uri=CELEX:02016R0679-20160504 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=15323486... Am I mis-understanding?
      - trampypizza 8y ago
        You are correct, however this is for when consent is relied upon as the legal basis for processing. My guess is that they are using provision of service as the legal basis for processing, whilst relying upon the "public interest" clause in the ToS to justify the sub-processing by the third party.

by yborg 8y ago

plg 8y ago

If THAT is their defense —- we all agreed to it even if we didn’t understand it at the time —- well then good luck to them

smokeyj 8y ago
Why else would Condi Rice be on the board /puts on tinfoil hat
Alex3917 8y ago
Isn’t public interest a criteria for getting IRB approval? Having read all the recent AoIR threads on ethics, this doesn’t seem outside of the accepted norms.
- krageon 8y ago
  Accepted by who? Obviously not the person you are responding to. Ethics is a relative field, not one full of absolutes.

IshKebab 8y ago

That doesn't stand up under the GDPR any more as far as I know.

trampypizza 8y ago
I imagine the work was carried out by a processor, which could be perfectly legal if the contract between the two entities had adequate data protection clauses. This is just a guess though, I'm sure its much more complex than that.
- blub 8y ago
  If they asked consent specifically for these types of studies, then it's legal. As in: a form asking the user if their information can be used in this way and giving them the possibility of opting out. Adding one more clause to the privacy policy doesn't count.
  - greggman 8y ago
    opting-out is not OK via the GDPR. Only Opt-In is allowed or at least that's my reading GDRP section 32 Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject's consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1532348683434&uri=CELEX:02016R0679-20160504 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=15323486... Am I mis-understanding?
    - trampypizza 8y ago
      You are correct, however this is for when consent is relied upon as the legal basis for processing. My guess is that they are using provision of service as the legal basis for processing, whilst relying upon the "public interest" clause in the ToS to justify the sub-processing by the third party.