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Please: let's get rid of cookie banners. Force websites not to show cookie consent banners if I already chose not to be tracked by enabling the Do Not Track (DN

Please: let's get rid of cookie banners. Force websites not to show cookie consent banners if I already chose not to be tracked by enabling the Do Not Track (DNT) header.

dspillett 3y ago
The danger there is that people who consider adding a second check for “legitimate interest” (otherwise known as “we see your preference, but fuck you and your preferences we want to anyway”) to be valid will consider that their legitimate interest pushes the tracking into required-cookies territory so not covered by DNT.
- hnbad 3y ago
  There's no such thing as "consenting to legitimate interest" in the GDPR. Those are two different mechanisms. Legitimate interest does not require consent. If it requires consent or can simply be opted out to, it's not legitimate interest and therefore requires consent. Those two-stage "legitimate interest" opt-out toggles are pseudo-legal nonsense dreamt up by (mostly non-EU?) companies trying to shoehorn their business model into the new legislation, just like the "consent pop-ups" that don't provide a single-click "disagree with all". Those are actually explicitly forbidden by the ePrivacy directive btw: there must be a first-level "disagree with all" button and it must be as visible as the "accept all" button if there is one. I actually see nothing in this ruling about DNT that makes DNT do anything that isn't already the default under the GDPR. As far as I can tell, the ruling just supported the claim that LinkedIn was demonstrating deliberate intent in its violation of the GDPR by saying it does not consider DNT to be relevant. It was likely already violating the GDPR based on what the article describes, this just establishes a justification to issue a serious fine rather than just a warning.
- glitchcrab 3y ago
  'legitimate interest' is such a load of horseshit. I will go out of my way to reject those too purely on principal.

Please: let's get rid of cookie banners. Force websites not to show cookie consent banners if I already chose not to be tracked by enabling the Do Not Track (DNT) header.

dspillett 3y ago

The danger there is that people who consider adding a second check for “legitimate interest” (otherwise known as “we see your preference, but fuck you and your preferences we want to anyway”) to be valid will consider that their legitimate interest pushes the tracking into required-cookies territory so not covered by DNT.

hnbad 3y ago
There's no such thing as "consenting to legitimate interest" in the GDPR. Those are two different mechanisms. Legitimate interest does not require consent. If it requires consent or can simply be opted out to, it's not legitimate interest and therefore requires consent. Those two-stage "legitimate interest" opt-out toggles are pseudo-legal nonsense dreamt up by (mostly non-EU?) companies trying to shoehorn their business model into the new legislation, just like the "consent pop-ups" that don't provide a single-click "disagree with all". Those are actually explicitly forbidden by the ePrivacy directive btw: there must be a first-level "disagree with all" button and it must be as visible as the "accept all" button if there is one. I actually see nothing in this ruling about DNT that makes DNT do anything that isn't already the default under the GDPR. As far as I can tell, the ruling just supported the claim that LinkedIn was demonstrating deliberate intent in its violation of the GDPR by saying it does not consider DNT to be relevant. It was likely already violating the GDPR based on what the article describes, this just establishes a justification to issue a serious fine rather than just a warning.
glitchcrab 3y ago
'legitimate interest' is such a load of horseshit. I will go out of my way to reject those too purely on principal.