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We value your privacy. Like, it's valuable. We sell it for money. We're going to nag you until you click this button so we can't get in trouble for profiting of

We value your privacy. Like, it's valuable. We sell it for money. We're going to nag you until you click this button so we can't get in trouble for profiting off the data you give us. Good legislation is important to let us penalize bad actors—does any one know of any accounts of some bad actors getting stopped by the GDPR? What do you guys think: are there laws that should be in place to incentivize privacy-preserving tools?

Nextgrid 6y ago
> We're going to nag you until you click this button so we can't get in trouble for profiting off the data you give us. That is explicitly against the regulation. Consent should be freely given otherwise it's invalid. The problem is that there is no enforcement around this (despite it being very easy to detect this behavior at scale by running a web scraper) so they keep doing it and profiting off it.
- clarry 6y ago
  > Consent should be freely given otherwise it's invalid. I tried to figure out what this actually means but it's very hazy. A naggy news website isn't performing a contract. Are they provisioning a service (assuming you did not buy or order or subscribe to anything)? "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract." https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/
  - Nextgrid 6y ago
    For starters, it simply means that if declining consent is harder/more annoying than accepting then it's already in breach, regardless of anything else. If your website takes 1 click to accept tracking but several clicks to deny it then you're already in breach (assuming the law was actually enforced, which it isn't at the moment).
    - clarry 6y ago
      Can you link a reliable source?
      - Nextgrid 6y ago
        This is from the ICO, the UK privacy regulator: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/ https://ico.org.uk/for-organisations/guide-to-data-protectio... > Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of default consent. If providing consent requires a single click (accept the pre-ticked options) but declining consent requires multiple clicks (to untick the pre-ticked options) then that is already in breach. > Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough. A big "accept" button for everything is not good enough either.
- ashton314 6y ago
  You're right; I'm exaggerating a bit. I do find it annoying when the banners take up a significant section of the screen though. On mobile is especially bad; I've had banners take up a good 1/3 of the screen.

Nextgrid 6y ago

> We're going to nag you until you click this button so we can't get in trouble for profiting off the data you give us. That is explicitly against the regulation. Consent should be freely given otherwise it's invalid. The problem is that there is no enforcement around this (despite it being very easy to detect this behavior at scale by running a web scraper) so they keep doing it and profiting off it.

clarry 6y ago
> Consent should be freely given otherwise it's invalid. I tried to figure out what this actually means but it's very hazy. A naggy news website isn't performing a contract. Are they provisioning a service (assuming you did not buy or order or subscribe to anything)? "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract." https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/
- Nextgrid 6y ago
  For starters, it simply means that if declining consent is harder/more annoying than accepting then it's already in breach, regardless of anything else. If your website takes 1 click to accept tracking but several clicks to deny it then you're already in breach (assuming the law was actually enforced, which it isn't at the moment).
  - clarry 6y ago
    Can you link a reliable source?
    - Nextgrid 6y ago
      This is from the ICO, the UK privacy regulator: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/ https://ico.org.uk/for-organisations/guide-to-data-protectio... > Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of default consent. If providing consent requires a single click (accept the pre-ticked options) but declining consent requires multiple clicks (to untick the pre-ticked options) then that is already in breach. > Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough. A big "accept" button for everything is not good enough either.
ashton314 6y ago
You're right; I'm exaggerating a bit. I do find it annoying when the banners take up a significant section of the screen though. On mobile is especially bad; I've had banners take up a good 1/3 of the screen.