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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

#181

Post by ardy42 »

Vinnl wrote: post #16

> Grindr is now relying on a new consent system and alleged "legitimate interest" to use data without user consent. This is in conflict with the decision of the Norwegian DPA, as it explicitly held that "any extensive disclosure ... for marketing purposes should be based on the data subject’s consent". This "legitimate interest" shenanigans is coming up more and more often, where you have a modal with lots of options…

> Edit: And worst of all is this very confusing pattern with two columns of toggle buttons, one of which concerns "legitimate interest": https://toot.cafe/@peter/105367185171860458

That's pretty awful, how are you even supposed to interpret that? I'm guessing it's something like "first || !second", because that would be the sleaziest.

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

#182

Post by jiveturkey »

rawbot wrote: post #166
Vinnl wrote: post #16

> Grindr is now relying on a new consent system and alleged "legitimate interest" to use data without user consent. This is in conflict with the decision of the Norwegian DPA, as it explicitly held that "any extensive disclosure ... for marketing purposes should be based on the data subject’s consent". This "legitimate interest" shenanigans is coming up more and more often, where you have a modal with lots of options…

I have met few websites where you cannot uncheck the "legitimate interest" fields.

That is how it should be. Legitimate interest means they don't need your consent. They actually shouldn't be prompting for it at all. Adding it to the consent box is a kind of cargo culting going on.

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

#183

Post by Blikkentrekker »

dmitriid wrote: post #75
Hitton wrote: post #64

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…

You can advertise without bulk collection of personal data.

What kind of financial losses are we realistically talking about from being denied such tracking? what kind of percentages of lesser revenue?

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

#184

Post by javajosh »

HotHotLava wrote: post #162
danielbarla wrote: post #74

Earlier quoted context omitted.

The various dark patterns employed by these consent systems are fairly opaque to anyone who bothers to open them, and are clearly deliberate attempts at maintaining the old status quo of "opt-in by default". Frankly, I am surprised at how few of these fines are flying around, though I am quite happy to hear they _are_ happening. I do get that this type of regulation is very disruptive to many companies, but if they c…

I'm baffled by the number of companies that should not have any need for third-party cookies and still go full-on dark pattern. In particular online shops: I'm already on their site, why would they loudly advertise "we're shady and want to trick you into selecting all cookies"? I've cancelled more than one purchase because I didn't want to bother with this.

It's certainly down to bad legal advice. Lawyers are trained to take everything they can get. If it turns out that was too much, then they frame it as a bargaining chip, as leverage to at least recover some fraction of what they previously took.

It's sneaky, immoral, unethical and illegal. It also works.

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

#185

Post by [deleted] »

xtracto wrote: post #125

The GDPR has always amazed me. It changed the playing field from "you can use our free app as long as you give us data for marketing or not use it" to "you can provide a free service in the EU as long as you dont collect data for marketing or dont provide it" Without making a judgement on the merits of the approach, as a user/individual I appreciate the power this gives to protect my data. As a company/developer the…

[deleted]

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

#186

Post by Blikkentrekker »

yarcob wrote: post #78
kristofferR wrote: post #3

GDPR contains special protections for LGBT people, but Grindr shared their users private information with third parties anyway, since they argued that Grindr users might be straight... Pretty shocking and absurd.

There's no special protection for LGTB, but sexual orientation is considered sensitive information. If you tell advertisers (implicitely or explicitely) whether a user is gay or straight, that requires explicit consent.

That is quite silly if it truly be so — are we moving to the Anglo-Saxon “protected classes” model now?

If I understand this correctly, it is not a problem, or a lesser or different problem if such a company share that a client finds being stroked on his earlobes to be highly arousing, or is a big aficionado of the “big black cock”, as those are not “sexual orientations”?

That seems like a rather arbitrary distinction I am not used to from E.U. regulations.

P.s.: I see that someone else quoted “data concerning a natural person’s sex life or sexual orientation”, — which is already significantly less arbitrary; the “or sexual orientation” is merely a superfluous inclusive.

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

#187

Post by LeonM »

dthul wrote: post #123
Vinnl wrote: post #16

> Grindr is now relying on a new consent system and alleged "legitimate interest" to use data without user consent. This is in conflict with the decision of the Norwegian DPA, as it explicitly held that "any extensive disclosure ... for marketing purposes should be based on the data subject’s consent". This "legitimate interest" shenanigans is coming up more and more often, where you have a modal with lots of options…

On some websites I get a tracking / cookie consent popup which, if I choose not to consent to everything, leaves me hanging for a _very_ long time while "saving my settings". I am talking about 30-60 seconds here. That must be deliberate to keep you from denying consent. I forgot which company it was but I immediately recognize those popups.

Yep, that's TrustArc

These fake progress spinners are only there to deter you from opting out (hint: if you just accept all, the modal closes instantly).

I wish the EU would throw massive fines at these companies, and ban the persons in charge from over working in the business again.

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

#188

Post by Nasrudith »

colejohnson66 wrote: post #159
danielbarla wrote: post #74

Earlier quoted context omitted.

The various dark patterns employed by these consent systems are fairly opaque to anyone who bothers to open them, and are clearly deliberate attempts at maintaining the old status quo of "opt-in by default". Frankly, I am surprised at how few of these fines are flying around, though I am quite happy to hear they _are_ happening. I do get that this type of regulation is very disruptive to many companies, but if they c…

I’ve also wondered why there aren’t “enough” fines. Are the countries just being cautious because they want to establish precedent before going after the “big fish” like Facebook or Google? Or is it something else?

It sounds like a fear of backlash - essentially if you find like 3% of the population with parking tickets it is fine. If you fine 40% to 60% then you get a large contingent pissed off at you - regardless of validity of the laws and enforcement unpopularity is perilous to laws and officials.

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

#189

Post by ChrisRR »

nitrobeast wrote: post #140
fifilura wrote: post #89

Earlier quoted context omitted.

There is a Norwegian connection there though. Grindr and Opera (browser) is owned by the same Chinese entrepreneur. Opera is still headquartered in Norway. Don't know if that helps, but there may be interesting corporate associations there.

Grindr’s Chinese owner has sold it to a US owner, forced by CFIUS ( https://www.theverge.com/platform/amp/2020/3/6/21168079/grin... ).

Ironically that site asks you to agree to tracking cookies, with no option to opt out

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

#190

Post by eplanit »

kristofferR wrote: post #3

GDPR contains special protections for LGBT people, but Grindr shared their users private information with third parties anyway, since they argued that Grindr users might be straight... Pretty shocking and absurd.

Why should one group have special protection relative to another?
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