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The problem with saying "let's just match the EU" is that key parts of the GDPR are still undecided. What is a "legitimate business interest" for data collectio
by idlewords 7y ago
The problem with saying "let's just match the EU" is that key parts of the GDPR are still undecided. What is a "legitimate business interest" for data collection? What are the limits to algorithmic decisionmaking? No one knows.
A regime with 50 state privacy laws would result in every website you visit having a consent click-through where you agree to abide by Alabama privacy laws (or whoever wins that race to the bottom).
- mindslight 7y agoBut how can it not come down to judgment calls? We're essentially trying to define the contour of a new right. If we stick with the axiomatic approach, then it feels like we can only end up essentially right back where we are now - data collected by companies is theirs to do with as they like. FWIW are you sure it would be a race to the bottom (companies going to the least-restrictive state) ? In the context of salestax/cookie-nexus, I would have hopes that it would be a race to the top (users benefiting from being in a more-restrictive state). Which is why I'd think the worry would be every random service demanding to verify your address to keep you from claiming to be in the more restrictive states.