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Google and Facebook accused of breaking GDPR laws

bbc.com

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Re: Google and Facebook accused of breaking GDPR laws

#211
post #170

I think Facebook's lawyers have determined that they can use the 'legitimate interest' basis for showing targeted ads to their users [0]. This basis does not require consent from users except as part of the take-it-or-leave-it initial terms of service. Here are the parts of the 'legitimate interest' basis which are most useful to Facebook: The GDPR does not define what factors to take into account when deciding if yo…

"Legitimate interest" works for regular data (Article 8). You cannot claim "legitimate interest" for sensitive data (Article 9), such as political and religious views, or sexual orientation.

That’s probably ok though, as I imagine those features are somewhat less important to advertisers.

Re: Google and Facebook accused of breaking GDPR laws

#212
It appears many companies try not to comply to the spirit of the law. Stack Overflow, for example, sent an e-mail claiming to have opt-in permissions to promotional messages, while not actually having them and only providing opt-out settings:

"With your continued permission, we will send you promotional messages based on your preferences. To see and change your opt-in preferences, manage your Email Settings."

I guess with such attitudes it's not going to be enforced much, otherwise there will be no one left to enforce it on.

Re: Google and Facebook accused of breaking GDPR laws

#213
post #173
post #20

Earlier quoted context omitted.

The law explicitly said "within hours of taking effect, these specific companies are to be sued due to not preparing sufficiently for GDPR"?

The law is explicitly aimed at direct marketing. It's mentioned in the text: (article 21) "Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. 3. Where the data subject objects to processing…

Fair. I appreciate the input.

Re: Google and Facebook accused of breaking GDPR laws

#214
post #170

I think Facebook's lawyers have determined that they can use the 'legitimate interest' basis for showing targeted ads to their users [0]. This basis does not require consent from users except as part of the take-it-or-leave-it initial terms of service. Here are the parts of the 'legitimate interest' basis which are most useful to Facebook: The GDPR does not define what factors to take into account when deciding if yo…

Lawyers can say such things and I'm sure that Facebook will try to fight it, but I don't think they'll be able to do so successfully, because the GDPR is very specific about what a "legitimate interest" is. See here for an explanation: https://www.gdpreu.org/the-regulation/key-concepts/legitimat... PS: the EU can't wait to give fat fines to companies like Facebook and Google, due to their tax evasion schemes. It's th…

As an American citizen I'm glad that GDPR exists. Our own government will never strongarm Big Tech into respecting their users - especially in this political climate - so I'm glad someone else is.

Re: Google and Facebook accused of breaking GDPR laws

#215
post #124
post #95

Earlier quoted context omitted.

What if they say it's $20 a month? And it's just facebook. Google also asks for $20, Reddit too, etc. It won't be cheap.

So you are stipulating an account worth is 240USD a year at facebook? Instead of 20, why won't you say 100, make it round. Seriously though, behemoths do fall and if facebook ceases to exist there will be no harm but good in my book.

I've seen this so many times, but if this future comes I think there will be a lot of angry ass people complaining about the $100s of dollars it costs to make the internet useful.

Re: Google and Facebook accused of breaking GDPR laws

#216
post #208

Earlier quoted context omitted.

> So Facebook's lawyers can say, "It's in our legitimate interest to maximise advertising revenue". They can say it is their interest to have enough revenue to operate the site and some (how much?) profit above that. Maximizing revenue is an other angle. Though if we accept that we live in capitalist society then maximizing profits is one of the core tenets of that.

Well, in case of "need enough revenue to operate" they could just add reasonable "no tracking" monthly fee.

Can they? I was under the impression that GDPR does not allow “accept tracking or else pay money”. If it does then that seems like an easy, obvious solution to the problem. So easy and obvious that the fact no one is implementing it makes me suspect it is not actually compliant.

Re: Google and Facebook accused of breaking GDPR laws

#217

Earlier quoted context omitted.

On the positive side, it could also reduce product lock-in by increasing data portability. For example if I'm creating a social network startup, and users can export their data from Facebook in a parseable format, then it's trivial for me to offer an "import your data from Facebook" feature. The interesting question then becomes, could Facebook do anything about that? In the past they would be able to sue the startup…

Facebook has been offering their data for free for a very long time. in fact that's what they re accused of. They also have export tools since long ago, like twitter IIRC. I think their terms specifically say that your data belongs to you.

Well, to an extent. They still reserve the right to block apps from using their API if they infringe on Facebook business interests. For example you can’t make an alternative newsfeed app. People have tried to make apps that aggregate multiple social account feeds, and they got sued / C&Ded IIRC.

Re: Google and Facebook accused of breaking GDPR laws

#219
post #174
post #170

I think Facebook's lawyers have determined that they can use the 'legitimate interest' basis for showing targeted ads to their users [0]. This basis does not require consent from users except as part of the take-it-or-leave-it initial terms of service. Here are the parts of the 'legitimate interest' basis which are most useful to Facebook: The GDPR does not define what factors to take into account when deciding if yo…

If companies successfully argue that maximising revenue is a legitimate interest and thus, don't need users consent, then the GPDR will worth less the paper it was written on. I would be extremely surprised if the EU goes through all this tome, effort, and money just to let corporations continue with business as usual

> I would be extremely surprised if the EU goes through all this tome, effort, and money just to let corporations continue with business as usual

I wouldn't. EU is all about bureaucracy and hordes of civil servants doing meaningless jobs. If GDPR becomes fruitless like Cookie Law, then they'll say tough luck, hire more civil servants and start working on another useless law.

Re: Google and Facebook accused of breaking GDPR laws

#220
Oh, one thing important to note that people might forget/ignore: this is just the beginning. See: https://en.wikipedia.org/wiki/Brussels_effect

A lot of countries look up to the EU, have trade agreements with it. Unless the GDPR totally falls flat on its face (unlikely), more and more countries will realize the benefits of this kind of legislation.

Also the GDPR will act as an icebreaker and it will "soften up" company stance on this matter. As a result it will be easier for the second line of countries adopting such laws to demand things from companies.

I'd say: get used to it. It's not going away, it's not going to become easier to use and sell personal data.

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