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Agreed. It isn't the third party that is the issue - it is the separate purpose. For example, if I access a web page, I'm giving my IP address to the server, s
by mnw21cam 4y ago
Agreed. It isn't the third party that is the issue - it is the separate purpose.
For example, if I access a web page, I'm giving my IP address to the server, so that it knows how to sent the data I just asked for back. That IP address is personal information, but it is necessary for the server to fulfil the purpose of the task I just asked for. That server also gives the IP address to a third party - the router in between it and me. That's also necessary, because otherwise the packets can't be routed, and it's fine legally.
However, if the company running the web page were to take that IP address and store it and use it for deep analytics, matching my request up to other requests from the same IP address, then the personal data has not been handed over to a third party, but it is being used for a purpose which requires consent, and would be illegal unless that consent had been obtained. That data use isn't necessary for the original purpose of the task I asked for, which is to serve me a web page - it is a separate purpose.
- ThunderSizzle 4y agoWouldn't that depend on perspective? Wouldn't the router e.g. cloudflares purpose be to ensure fast delivery and that it's not an attack. Both require capturing the ip address and analyzing behavior. A faster road where no one wants to go isn't a faster way, so the router needs to capture it so they know where to build their roads.
- GranularRecipe 4y agoGood point. Sounds like the start of a fun conversation between data protection officers (DPO) and data protection agencies (DPA).
- herbstein 4y ago> However, if the company running the web page were to take that IP address and store it and use it for deep analytics Or, in fact, sending off to Google Fonts. As a German court case reveals, that is considered sending the IP to Google -- breaking GDPR since it is done without consent on first launch of the site.