4 ms·

GDPR recital 43.2 establishes that you may not make provision of a service conditional upon someone granting consent for processing of personal data if the pers

GDPR recital 43.2 establishes that you may not make provision of a service conditional upon someone granting consent for processing of personal data if the personal data is not required to provide the service.

JumpCrisscross 8y ago
> if the personal data is not required to provide the service I guess TechCrunch would argue the tracking is required to enable the ad rates that pay the writers who write the content.
- swift532 8y ago
  That is not what is meant in the GDPR writeup. I think we can all agree that it's clearly aimed at whether something is technically required for a service, as for example a cookie is required for a login (not the best of examples, but eh).
  - JumpCrisscross 8y ago
    > I think we can all agree There are twenty-eight countries whose regulators and courts will interpret this law differently. I don’t think we can say “we can all agree” about anything at this point.
- Sir_Substance 8y ago
  If they can make that argument, then they do not require consent. They can collect information on the basis of Article 6 1.f: >Processing shall be lawful only if and to the extent that at least one of the following applies: >(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Since they're not doing that, either they haven't read the law, or they have and don't agree with your interpretation.
johnchristopher 8y ago
Yeah. I am waiting for the first trial to see how companies are going to defend the "ads are needed to finance the content" argument. Wait a minute. I am thinking of a webserver that would make each visitor/client pay a fee to maintain the connection (or the socket). The server would be connected to a feedback infrastructure (a service provided by another company) that would only allow individual connections to be maintained if it's fed with data from tracking. So the tracking would actually technically be needed to provide the service (the connection) if the company hosting the content chooses to use that web server service from that other company. Eh.

JumpCrisscross 8y ago

> if the personal data is not required to provide the service I guess TechCrunch would argue the tracking is required to enable the ad rates that pay the writers who write the content.

swift532 8y ago
That is not what is meant in the GDPR writeup. I think we can all agree that it's clearly aimed at whether something is technically required for a service, as for example a cookie is required for a login (not the best of examples, but eh).
- JumpCrisscross 8y ago
  > I think we can all agree There are twenty-eight countries whose regulators and courts will interpret this law differently. I don’t think we can say “we can all agree” about anything at this point.
Sir_Substance 8y ago
If they can make that argument, then they do not require consent. They can collect information on the basis of Article 6 1.f: >Processing shall be lawful only if and to the extent that at least one of the following applies: >(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Since they're not doing that, either they haven't read the law, or they have and don't agree with your interpretation.

johnchristopher 8y ago

Yeah. I am waiting for the first trial to see how companies are going to defend the "ads are needed to finance the content" argument. Wait a minute. I am thinking of a webserver that would make each visitor/client pay a fee to maintain the connection (or the socket). The server would be connected to a feedback infrastructure (a service provided by another company) that would only allow individual connections to be maintained if it's fed with data from tracking. So the tracking would actually technically be needed to provide the service (the connection) if the company hosting the content chooses to use that web server service from that other company. Eh.