4 ms·
> To recap: a law was put in place 5 years ago that said if you get consent you can basically use data in any way, with some very vague and general language abo
by ckastner 4y ago
> To recap: a law was put in place 5 years ago that said if you get consent you can basically use data in any way, with some very vague and general language about how consent can be gathered and what it means.
What?
Article 7 par 4. GDPR [1], "Conditions for consent": 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. (emphasis mine)
Personalizing ads is not necessary for providing the service, hence the forced consent is not given freely.
To anyone involved with the GDPR back then, this was as clear as the day.
Also, Article 7 par 3. clearly states that even if consent were given freely, the "data subject shall have the right to withdraw his or her consent at any time", and "[p]rior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.", which was clearly not on the table with Facebook.
[1] https://gdpr.eu/article-7-how-to-get-consent-to-collect-personal-data/ https://gdpr.eu/article-7-how-to-get-consent-to-collect-pers...