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Grindr to be fined almost €10M over GDPR complaint

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Re: Grindr to be fined almost €10M over GDPR complaint

#61

Post by izacus »

mjw_byrne wrote: post #52

I was a little surprised by this: "The DPA highlighted that users should have a real choice not to consent without any negative consequences." Does this mean that it is unacceptable to run a service which requires consent to share data? That seems overly restrictive - where does that leave services in which sharing data is the whole point of the service? The article goes on to say: "Grindr made use of the app conditi…

> Does this mean that it is unacceptable to run a service which requires consent to share data? That seems overly restrictive - where does that leave services in which sharing data is the whole point of the service?

GDPR literally says that you're allowed to run a service that requires data and you don't even have to ask for consent for that type of data.

What you're not allowed is to collect data that's NOT critical for your service without consent.

Re: Grindr to be fined almost €10M over GDPR complaint

#62

Post by ChrisRR »

neilsense wrote: post #43
martin_a wrote: post #33

Earlier quoted context omitted.

Being gay can still get you arrested or killed in some countries of the world. Even if not, discrimination of gay people surely is a thing all over the world. Besides that, dating apps of any kind should be held to very high data protection standards for the sometimes very delicate matters.

Being Hindu can get you killed in some countries too, that doesn't make me, a Hindu, in the UK, vulnerable. Has everyone just decided that words have no meaning anymore?

That doesn't mean you speak on behalf of all hindus. Just because you don't feel threatened and free to be a proud hindu

What if a person lives near racists, people who keep directing hate at hindus because of their (unjustified) hate against muslims? They may feel unsafe if people knew they were hindu no matter the area of the world

It's good that you don't feel threatened, but unfortunately not everyone is so lucky. And we should respect people who want to keep any aspect of their lives private.

Re: Grindr to be fined almost €10M over GDPR complaint

#63

Post by giantDinosaur »

neilsense wrote: post #43
martin_a wrote: post #33

Earlier quoted context omitted.

Being gay can still get you arrested or killed in some countries of the world. Even if not, discrimination of gay people surely is a thing all over the world. Besides that, dating apps of any kind should be held to very high data protection standards for the sometimes very delicate matters.

Being Hindu can get you killed in some countries too, that doesn't make me, a Hindu, in the UK, vulnerable. Has everyone just decided that words have no meaning anymore?

Being gay means that simply holding hands with one's partner puts one at direct risk of being attacked. This is certainly still true in places like the UK. Are you saying you're at as much of a risk of being attacked like that in the UK for being Hindu? If so, it sounds like the UK has some major safety issues.

Re: Grindr to be fined almost €10M over GDPR complaint

#64

Post by Hitton »

I'm surprised about:

>Consent must also be freely given. The DPA highlighted that users should have a real choice not to consent without any negative consequences. Grindr made use of the app conditional on consenting to data sharing or to paying a subscription fee.

I thought that this was allowed. Kind of puts companies depending on advertising in really bad position. One would expect that having choice of paying or getting tracked would be, at least for some people, better than just having to pay to get to the content.

Re: Grindr to be fined almost €10M over GDPR complaint

#65

Post by vidarh »

xyproto wrote: post #27
thefounder wrote: post #13

Earlier quoted context omitted.

They have some "special rights" on natural resources. i.e oil, fishery. I think the EU will close that loophole soon.

Also, EU has a ruleset adapted to the climate of central Europe and not to cold places where almost no food grows and eating seals and fighting polar bears is how you stay alive. This is an extreme example, but Norway is more dependent on fish for sustenance than many other countries.

Norway is dependent on fish mostly because of the export value. A lot of fish is eaten in Norway, sure but the Norwegian economy is such that local production has very little to do with what people choose to eat.

The only place in Norway Polar bears live is Svalbard, far North of the mainland. Most Norwegians have never visited because it's far away (a 1h 40m flight North from Tromsø in Northern Norway - similar to how long it takes to fly South to Central Europe from Oslo) and way too cold and miserable.

Seal is something few people eat very often. A huge proportion of the population will never ever have tasted it. Like whale, it's uncommon these days.

Re: Grindr to be fined almost €10M over GDPR complaint

#66

Post by yarcob »

mjw_byrne wrote: post #52

I was a little surprised by this: "The DPA highlighted that users should have a real choice not to consent without any negative consequences." Does this mean that it is unacceptable to run a service which requires consent to share data? That seems overly restrictive - where does that leave services in which sharing data is the whole point of the service? The article goes on to say: "Grindr made use of the app conditi…

> where does that leave services in which sharing data is the whole point of the service?

When you actively share data with others, consent to process the data for this implicit. So as I understand it, a dating app would not need your explicit consent to share a profile photo with others on the platform since that is the whole point of the app.

But if the service decides to provide your personal data to advertisers, explicit consent is required, since that is not essential for providing the service. The service could just as well show anonymous ads, or target ads without tracking the user.

Re: Grindr to be fined almost €10M over GDPR complaint

#67

Post by conistonwater »

mjw_byrne wrote: post #52

I was a little surprised by this: "The DPA highlighted that users should have a real choice not to consent without any negative consequences." Does this mean that it is unacceptable to run a service which requires consent to share data? That seems overly restrictive - where does that leave services in which sharing data is the whole point of the service? The article goes on to say: "Grindr made use of the app conditi…

I also find this confusing. Article 7 says

> 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. https://gdpr.eu/article-7-how-to-get-consent-to-collect-pers...

So it does sound to me like you can't tie data sharing to provision of service because then consent is not freely given.

Also:

> Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance. https://gdpr.eu/Recital-43-Freely-given-consent

I think this means that even if Grindr obtains consent the way they do, it's still not freely given consent so even having obtained it they still don't have permission to use the data the way they want, since only freely given consent counts as consent. But I'm not sure, maybe it's more complicated.

Re: Grindr to be fined almost €10M over GDPR complaint

#68

Post by tallanvor »

neilsense wrote: post #43
martin_a wrote: post #33

Earlier quoted context omitted.

Being gay can still get you arrested or killed in some countries of the world. Even if not, discrimination of gay people surely is a thing all over the world. Besides that, dating apps of any kind should be held to very high data protection standards for the sometimes very delicate matters.

Being Hindu can get you killed in some countries too, that doesn't make me, a Hindu, in the UK, vulnerable. Has everyone just decided that words have no meaning anymore?

Most likely as a Hindu you never had to fear the response you would receive by telling your parents or other family members that you are a Hindu.

As long as people have to fear getting kicked out, disowned, subject to slurs, or otherwise being ostracized by their family, friends, or community for being gay, lesbian, bi, or trans, then yes, the LGBT community remains vulnerable. And once you've been vulnerable like that, it never goes away. There will ALWAYS be a part of you that remembers it and it will affect you for the rest of your life.

That alone is enough vulnerability. The fact that the LGBT community still deals with a lot of verbal and physical assaults as well just makes things worse. And yes, this is still an issue in the UK, in Norway, the US, and other western countries.

Re: Grindr to be fined almost €10M over GDPR complaint

#69

Post by Laarlf »

orangepanda wrote: post #18

> Consent must be unambiguous, informed, specific and freely given. A bit ironic, for a dating app.

Yeah, same thoughts. The gdpr didn’t change much but made small companies like these more vulnerable and web browsing more unbearable. Data is still getting collected and big companies don’t care.

Re: Grindr to be fined almost €10M over GDPR complaint

#70

Post by yarcob »

that_guy_iain wrote: post #8
progre wrote: post #5

Didn't know Norway has GDPR as they are not in the EU but apparently they have. https://www.lexology.com/library/detail.aspx?g=34dfb199-c9ab...

EEA has all the laws and requirements of the EU but without representiation. So they have to follow the laws and rules but don't have a voice in the rules. I have no idea what the benefit of the EEA is for it's members other than political that they can say they're not in the EU but there must be some, maybe they don't need to pay in like EU members do?

There are also passport checks when you fly to Norway from other EU countries. For flights between other EU countries you generally just show the QR code on your phone. At least that was my experience, but it's been a few years since I last flew. (Except flights to UK before Brexit, I think they always required passport checks)
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