3 ms·
Is that right? I thought GDPR lets you do mostly anything with data if you have consent (and subject to regulations about data safety etc). It seems to me FB i
by rich_sasha 3y ago
Is that right? I thought GDPR lets you do mostly anything with data if you have consent (and subject to regulations about data safety etc).
It seems to me FB is saying people need to either:
- pay money, or
- consent to handing over their data, or
- have their account shut
I know which option I'm choosing! But what is so wrong about this trilemma?
- robin_reala 3y agoSection 42 of GDPR: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679&qid=1647443821579 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A... Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment. You need to be able to freely choose to not consent “without detriment”. Meta would like to argue the point, but I think it’s pretty clear, and they’ve lost everything so far.
- poizan42 3y agoA small correction - this is recital 42, not section 42. The part of the actual text that deals with consent is to be found in Article 7. The part in 7.4 is even broader * 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.* The way I interpret that is that requiring consent for tracking / data collection for marketing is pretty much always ruled out since it can never actually be necessary.