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No, they were created either out of a complete misunderstanding of the law, or as a way to try and weasel-word into being able to retain the information even wh
by mnw21cam 6y ago
No, they were created either out of a complete misunderstanding of the law, or as a way to try and weasel-word into being able to retain the information even when you do not consent. It's illegal.
Either you have a legitimate interest in the data (by which I mean you have to use the data in order to do what the user explicitly asked you to do), at which point you can process the data without asking for consent, or you don't, at which point you must ask for consent, and you must not alter/degrade the user experience if you do not get it.
- oytis 6y agoLegitimate interest is not necessarily what the user wants you to do. Storing data e.g. for preventing fraud is also a kind of legitimate interest. As a non-legal person I in all honesty can't understand why e.g. storing person's credit score is legitimate while storing their advertising profile isn't.
- jdlshore 6y agoThe “legitimate interest” lawful basis is required to be “balanced against the interest of the data subject to privacy.” (Paraphrased from memory) So it’s not so much that storing their advertising profile isn’t a legitimate interest, it’s that users’ desire for privacy supersedes it. (Not a lawyer, have read the GDPR.)
- oytis 6y agoWell, I would argue a lot of people would desire to reset their credit score to default level, and it has much more profound impact on a person's life than some targeted ads. The whole thing seems to be designed for arbitrary enforcement to me. The only positive thing is that people people start discussing the topic seriously, and companies start being explicit about what they are going to use with people's data.