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1,741 "informed" consents with one click? GDPR complaint filed

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Re: 1,741 "informed" consents with one click? GDPR complaint filed

#62
post #40
post #14

Earlier quoted context omitted.

Legitimate interest does not exist and is a loophole in the law which should be killed. You can challenge it but the authorities who should handle that are grossly underfunded.

It does exist, but the allowable use cases that third parties can claim "legitimate interest" for need to be severely restricted. At present, it's a joke - a single site can have dozens or even hundreds of companies claiming "legitimate" interests, but which are anything but legitimate.

It's almost hilarious how every cookie form now has a "legitimate interest" section that's just a copy of the "consent" section with defaults set to "allow".

They're not even pretending anymore and are just trying everything they can't get consent for again via the "legitimate interest" route.

I was actually wondering if the mandated "refuse everything" button that revokes my consent in bulk (and then conveniently closes the window) also implies I objected to all "legitimate interest" claims, or if that is another malicious compliance trick...

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#63
post #17

My Samsung TV which I bought 8 years ago now suddenly asks me if it's okay they share data with their over 200 partners. They have the nerves to headline this with "protect your privacy". Generally not a big fan of EU policing but I wish somebody sued them over this. > Improving Your Experience and Protecting Your Privacy on Samsung TV Plus > Samsung and our 264 partners use information about you and your device in o…

> asks me if it's okay they share data with their over 200 partners. L

What happens if you say no?

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#64
post #14
post #8

Still wondering how "freely given, informed, specific and unambiguous" is fulfilled by "sure you can opt-out of tracking - by buying a premium subscription. Also, here are our 589 'partners' that all claim legitimate interest" but here we are.

Legitimate interest does not exist and is a loophole in the law which should be killed. You can challenge it but the authorities who should handle that are grossly underfunded.

Legitimate interest does exist and is a specific purposeful provision in the law.

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#65
A surprising number of sites that have consents do not actually do anything apart from set a flag.

They are not actually connected to disabling analytics, just connected to the banner itself.

It seems like no data privacy activists or automated scans actually look at whether the consents really work or not, just whether they have them!

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#66
post #18

Can someone who works in commercial web dev explain how companies even end up with this much crap pulled into their websites?

When you try to maximize ad revenue, you add multiple advertising SDKs to your website, each of which can often do live bidding with hundreds of ad/data brokers You can usually check the ads.txt file on a website to see which companies are allowed to bid for ad space on there. For example, for dict.cc, the website in question: https://dict.cc/ads.txt The ones labelled "RESELLER" will probably share your data with eve…

How have I not heard about this. I am both impressed and horrified.

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#67
post #47

Earlier quoted context omitted.

Do you have a better system fix than what EU is trying to do?

There would be a few fixes, if the politics would be interested in actually fixing this loophole. - deny is the default: one button to deny everything but one accept button for every partner - respect DO NOT TRACK, and force software/hardware providers to enable it by default - making payments for non-tracking illegal - remove or rephrase "legitimate interest" ruling, because providers use that as an excuse to enable…

> - deny is the default: one button to deny everything but one accept button for every partner

Yes, that's in the law. I you do not click on consent, the default is deny everything, and a button to refuse everything should be easy to access.

> - making payments for non-tracking illegal

In the law too.

> - remove or rephrase "legitimate interest" ruling, because providers use that as an excuse to enable everything

True, this loophole was introduced by UK/US lobbyists at the time if I remember correctly. My (very small, 3 dev) company at the time worked on health data and managed to find itself in the arcanes of Brussels because anything related to PII security was good news for us.

- and probably: prohibit any other dark pattern, or at least make it extremely hard to implement

This is the courts who can judge that.

The main issue with the gdpr law is local enforcement. It is honestly well written and easy to understand, which is why you have so much legal loopholes, but EU courts are RAI rather than RAW (our fast americanisation is changing that though).

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#68
post #17

My Samsung TV which I bought 8 years ago now suddenly asks me if it's okay they share data with their over 200 partners. They have the nerves to headline this with "protect your privacy". Generally not a big fan of EU policing but I wish somebody sued them over this. > Improving Your Experience and Protecting Your Privacy on Samsung TV Plus > Samsung and our 264 partners use information about you and your device in o…

Do you have a better system fix than what EU is trying to do?

[deleted]

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#69
The EU just needs to make tracking of any kind full on illegal, especially targeted advertising. I don't give a shit if your business can't survive without invasive tracking of every single facet of your user's existence, you deserve to be shut down if that's your one and only viable business model.

Re: 1,741 "informed" consents with one click? GDPR complaint filed

#70
post #14
post #8

Still wondering how "freely given, informed, specific and unambiguous" is fulfilled by "sure you can opt-out of tracking - by buying a premium subscription. Also, here are our 589 'partners' that all claim legitimate interest" but here we are.

Legitimate interest does not exist and is a loophole in the law which should be killed. You can challenge it but the authorities who should handle that are grossly underfunded.

"legitimate interest" was supposed to be for things like remember-login cookies and the like. Not for advertisers going "my interest is legitimate because it's how I make money".
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