Facebook now denying access unless EU users opt-in to tracking
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Re: Facebook now denying access unless EU users opt-in to tracking
#2IIRC, the GDPR is very explicit about what constitutes valid consent, so things like pre-checked check-boxes aren't valid.
Is "consent" gained by a screen with only an "I agree" button even kosher by it?
Re: Facebook now denying access unless EU users opt-in to tracking
#3I'm pretty sure that's illegal under GDPR.
Re: Facebook now denying access unless EU users opt-in to tracking
#4IIRC, the GDPR is very explicit about what constitutes valid consent, so things like pre-checked check-boxes aren't valid. Is "consent" gained by a screen with only an "I agree" button even kosher by it?
Absolutely not. This is Facebook basically goading the EU by obviously flouting the rules.
Re: Facebook now denying access unless EU users opt-in to tracking
#5Interesting. It seems like after the senate hearings, Facebook is trying to communicate to its users that sending them your data is a necessary part of using their services.
Re: Facebook now denying access unless EU users opt-in to tracking
#6I'm pretty sure that's illegal under GDPR.
Yeah, they're fairly clear that you can't make service conditional on marketing et al 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.
Re: Facebook now denying access unless EU users opt-in to tracking
#7IIRC, the GDPR is very explicit about what constitutes valid consent, so things like pre-checked check-boxes aren't valid. Is "consent" gained by a screen with only an "I agree" button even kosher by it?
Later in the thread, he mentions that the consent they ask for doesn't really comply with the GDPR principles.
> This appears to breach several important principles of the #GDPR, including the principle of purpose limitation, freely given, non-conditional consent, and of transparency. In other words, if Facebook attempts to collect consent in this manner, that consent will be unlawful.
Re: Facebook now denying access unless EU users opt-in to tracking
#8I'm pretty sure that's illegal under GDPR.
Yeah, they're fairly clear that you can't make service conditional on marketing et al 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.
What if your service requires the tracking?
Re: Facebook now denying access unless EU users opt-in to tracking
#9IIRC, the GDPR is very explicit about what constitutes valid consent, so things like pre-checked check-boxes aren't valid. Is "consent" gained by a screen with only an "I agree" button even kosher by it?
It may be that FB's lawyers come at it with a more American view whereby it's legal if it complies with the letter of the law. I suspect the Euro legal system tends to build a fence around the Torah, so to speak.
Re: Facebook now denying access unless EU users opt-in to tracking
#10I'm pretty sure that's illegal under GDPR.
what? seriously? Do EU citizens have some kind of legal right to Facebook access, now? It's illegal for Facebook to not serve people they can't sell to advertisers?
I'd love it if Facebook were nationalized (or destroyed), but none of the coverage of the GDPR made it sound like it was going in that direction. I thought it was just another stupid "click here to acknowledge our cookies" rule that was going to spam up the internet.