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I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

thatprivacyguy.com

201–210 of 308 posts

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#201

This is extremely cool reading! I'm impressed that they actually fined Elkjøp (as they should!) but very surprised that they didn't keep you informed! Thank you for sharing!

It was not their responsibility to keep me informed, it was the responsibility of IMY (the Swedish Regulator) to keep me informed.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#202

Earlier quoted context omitted.

You can even spy if you want to, just ask for consent

Getting consent in a truly compliant way is basically impossible (it should be opt IN, not opt OUT). Though we've trained people to just accept literally everything now.

Why is opt in "basically impossible". That is the definition of consent. Ask BEFORE you do something. It might sound strange but most people really don't want their data gathered by everyone.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#203

And how much did it make them over those 5 years?

The fine is largely irrelevant, now they have faced enforcement we have a decision to file a Representative Actions Directive (equivalent of a US class action) claim with - the cost of that will be 100-1000x more than the fine and will likely lead to shareholder revolt as well (institutional shareholders will likely sue the parent Currys PLC for breach of fiduciary duty and not disclosing these issues during earnings calls and annual reports.)

So the fine is the first step to a much wider legal action.

The fine also puts other loyalty clubs on notice that if they do this, they are going to face consequences - so it has a much wider impact than simply monetary.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#204

This is extremely cool reading! I'm impressed that they actually fined Elkjøp (as they should!) but very surprised that they didn't keep you informed! Thank you for sharing!

It was not their responsibility to keep me informed, it was the responsibility of IMY (the Swedish Regulator) to keep me informed.

Sorry, I guess. There were no comments here after a couple of hours and I literally felt bad, so I commented without being very exact in my writing. Regardless, great job, and thank you.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#205

Excellent outcome. I wish we had these rights in the USA! Too bad justice took 5 years though.

There are some state laws - California, Virginia and Colorado, a bunch of others. And the SECURE Data Act currently in Congress. https://statescoop.com/house-subcommittee-secure-data-act-pr...

There are currently 22 US States with comprehensive privacy laws with Louisiana being the latest (their Governor signed just last week iirc) and the 23rd is literally a Governor's signature away (just passed the state senate).

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#206

This fills my heart with joy. If only ICO in the UK would do the same.

Well John Edwards just resigned yesterday so maybe you will get a real Commissioner this time - although that said, John was hired specifically as someone who would do nothing, so I guess he did what he was paid to do.

He has largely been ostracised by the privacy and data protection community (even at regulatory events) I have seen him wandering around alone and aimlessly at a number of regulatory events, he didn't seem very comfortable and didn't really have a lot of interaction with his peers.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#207

I personally know other people who have filed similar complaints, and the Norwegian Datatilsynet explicitly stated they acted based on many complaints. I don't think they care about a single person's voice in this, even if they "helped create the law". It's a shame, but it probably says more about Datatilsynet's capacity. Frankly it would be great if you could simply say "this company did something dodgy", provide pr…

You are making assumptions, I have a very good relationship with the Norwegian DPA and discussed the case with them several times over the past 4 years.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#208

Lol. Brookfield Place wifi had an OPT IN for their wifi to receive marketing. If you unclicked it, the 'connect to wifi' button greyed out and a notification appears saying that Opt In is required for wifi.

Put their own email in there, ceo@that-dumb-company.com

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#209
post #138

Idk about that particular company but the benefit of cheating may be much higher than the 1.8m fine they got. I personally never specifically consent to anything, yet get a ton of marketing emails. To most companies that send me those emails 1.8m would be a slap on the wrist.

It is not just the fine - they are no longer permitted to conduct the processing activities - so no they don't continue to profit from it, one of the reasons the fine was reduced was specifically because they made changes to bring themselves into compliance during the investigation. This is stated in the Regulator's press release directly.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#210
post #133

Eveyone getting very excited but on what date did the company actually pay the fine to the EU? > This decision can nevertheless be challenged before Norwegian courts in accordance with Article 78(1) of the GDPR. [0] Time will tell I guess? [0] https://www.datatilsynet.no/contentassets/59addbef9c1b48a28f...

It can be appealed but because it is cross border it has to be appealed directly at the Oslo Court (rather than the privacy claims board) and also the fact they had the fine reduced for co-operation usually includes a clause that they will not appeal (otherwise they lose the discount which is normally around 30%).
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