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I don't understand what aspect of this you think is unenforceable. Companies can be legally required to perform certain actions, and then subject to sanctions i

I don't understand what aspect of this you think is unenforceable. Companies can be legally required to perform certain actions, and then subject to sanctions if they do not perform them.

manigandham 7y ago
This is forcing a company to provide a service. Unless the govt is going to subsidize it, it's not going to work. And in this case, if they require your consent to process data to provide service and you don't give it, then they can't be forced to provide the service in violation of the same law. GDPR is vague principle-based legislation and this part is not what people think it means.
- vinw 7y ago
  There's nothing vague about it [0]. Consent must be freely given. It's the service provider who has to make a choice; offer the service with no tracking, or don't offer the service at all. [0]: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/consent/what-is-valid-consent/#what2 https://ico.org.uk/for-organisations/guide-to-data-protectio...
  - deleted 7y ago
    [deleted]
  - elpool2 7y ago
    That guide says "consent should not be bundled up as a condition of service unless it is necessary for that service". But what does "necessary for that service" mean? I suspect that "we can't make money unless we're tracking you" wouldn't qualify, but it would be nice if they had a few more clarifying examples.
    - manigandham 7y ago
      If it's how the service is paid for then it's necessary for the service.
    - zaarn 7y ago
      From what I understood via local company legal, "necessary" means "this type of service cannot possibly exist without this data". Ie, your email may be required to use a service that notifies you via email for shopping deals. Email addresses are private data and in this case, you can't use the service without it. Making a profit is not necessary to operate a service in the same way. It's necessary for the company to be profitable but that is irrelevant to the GDPR.
- matthewmacleod 7y ago
  Nobody is forcing a company to provide a service. You have fundamentally misunderstood this. Regulation requires that if a company does offer a service, then it is not permissible to require mandatory data collection. The company is free to stop offering that service if it cannot offer it in a legal manner.
  - manigandham 7y ago
    Yes it is, if data collection is required to provide that service in the first place. That is legal.

I don't understand what aspect of this you think is unenforceable. Companies can be legally required to perform certain actions, and then subject to sanctions if they do not perform them.

manigandham 7y ago

This is forcing a company to provide a service. Unless the govt is going to subsidize it, it's not going to work. And in this case, if they require your consent to process data to provide service and you don't give it, then they can't be forced to provide the service in violation of the same law. GDPR is vague principle-based legislation and this part is not what people think it means.

vinw 7y ago
There's nothing vague about it [0]. Consent must be freely given. It's the service provider who has to make a choice; offer the service with no tracking, or don't offer the service at all. [0]: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/consent/what-is-valid-consent/#what2 https://ico.org.uk/for-organisations/guide-to-data-protectio...
- deleted 7y ago
  [deleted]
- elpool2 7y ago
  That guide says "consent should not be bundled up as a condition of service unless it is necessary for that service". But what does "necessary for that service" mean? I suspect that "we can't make money unless we're tracking you" wouldn't qualify, but it would be nice if they had a few more clarifying examples.
  - manigandham 7y ago
    If it's how the service is paid for then it's necessary for the service.
  - zaarn 7y ago
    From what I understood via local company legal, "necessary" means "this type of service cannot possibly exist without this data". Ie, your email may be required to use a service that notifies you via email for shopping deals. Email addresses are private data and in this case, you can't use the service without it. Making a profit is not necessary to operate a service in the same way. It's necessary for the company to be profitable but that is irrelevant to the GDPR.
matthewmacleod 7y ago
Nobody is forcing a company to provide a service. You have fundamentally misunderstood this. Regulation requires that if a company does offer a service, then it is not permissible to require mandatory data collection. The company is free to stop offering that service if it cannot offer it in a legal manner.
- manigandham 7y ago
  Yes it is, if data collection is required to provide that service in the first place. That is legal.