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

thatprivacyguy.com

231–240 of 308 posts

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

#231

The image isn't loading for me, all I see is the prompt used to generate it - which is genuinely preferable.

mildly amusing that the model was instructed to generate it in the style of a "wide angle film still" but it seems to have gone for a painting instead

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

#232
post #192

Earlier quoted context omitted.

That doesn't even make any sense. Fascism is generally about top-down enforced control, whereas contracts are heavily decentralized. The world where you'd have contracts override laws would be some sort of extreme anarcho-libertarian society, which is rather the opposite of fascism.

That's what you heard in school, defending the US style of fascism as "democratic". Fascism was a scheme to keep the old aristocrats turning industrialists to keep control of the state, whilst still keeping it under the democratic name. This was devised in the US in the 30ies and then in the old states also. Heavily supported by the US industrialists. Without them the fascism movement had no chance. The US scheme of…

> This was devised in the US in the 30ies

Fascism first evolved in Italy, where Mussolini and his Partito Nazionale Fascista took power in 1922.

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

#233
post #48

I'm so glad the GDPR never took hold in the US. Little Karens getting companies fined millions of dollars over what amounts to nothing. You can always not use their service. Plenty of alternatives out there.

I for one was signed up for Elkjøp kundeklubb membership unbeknownst to me. It happened when I was picking up a water cooker. Seller asked if I would like an electronic receipt and asked me for my email. That was in Elkjøp at Solsiden in Trondheim. The more annoying is that I gave him my regular email address and not a generated alias that I always give to companies. Was super pissed when spam started landing on my m…

If I need to buy something at El Giganten (Danish version) I speak English when paying, and tell them I'm a tourist and don't want to give them a phone number or email. They can print a paper receipt.

But I only buy from there if it's the only option. (Other than Amazon, which I refuse to use at all.)

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

#234

I've often wondered what basis companies are using for the "opt-in to tracking or pay to opt out model". It has spread now to even fairly reputable organisations. This, at least to my understanding, runs contrary to the spirit of the GDPR regulations. Permission has to be freely given which, when the alternative is paying a subscription, it quite obviously isn't.

The only basis they have is the low chance of enforcement. It is absolutely contrary not only to the spirit but also the letter of the law.

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

#235

Earlier quoted context omitted.

Wouldn't you have to "consent" first? What if you didn't and did not proceed with the process? Can you complain still? As in - if you didn't give your consent there's no violation has occurred and they don't have your data, so nothing to ask for?

Can i withdraw consent later? So, attend the interview (to maximise my chances of being offered the job), and then after the application process withdraw consent?

You can withdraw consent later, but I don't see how that would affect data processed before the withdrawal (except that storage is processing and the data would have to be deleted). I don't imagine a reputable employer would have any other use for the data, so the withdrawal of your consent might not bother them much. If your application were successful and you took the job, I expect that would establish contract, rather than consent, as a legal basis for them to process your data.

In general, I'm not sure a company processing my data on the basis of consent would stop all processing of my data just because I withdraw my consent. Some processing of some of my data might have a different legal basis. Judging by some websites' privacy options, there's a distinction between consent (opt-in), legitimate interest (opt-out) and other legal bases (maybe neither). I'm confused about website forms that have separate reject and object options for each category of data processing and a reject-all button that closes the form. Does clicking "reject all" mean I have or haven't objected?

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

#236
post #56
post #35

Earlier quoted context omitted.

It doesn’t mean _inside_ the apartment. It means if they decide to film a commercial and you’re walking your dog in the background, they don’t have to ask you.

That sounds a lot like a rationalization desperately grasping at "surely it's not as insane as it sounds, what it _must_ mean is ... " I would want to read and perhaps get legal advice before relying on that interpretation - and before finding I signed over rights to my landlord to make candid porn of me and all his other tenants.

> before finding I signed over rights to my landlord to make candid porn of me and all his other tenants.

If the law says you cannot do XYZ, your landlord can state otherwise in whatever verbiage but that's all void.

This is why good consumer protection laws exist, in a well functioning society there things you sign are to protect the landlord from bad renters (don't pay, cause a nuisance etc). The law in general should protect you as the tenant from a bad landlord.

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

#237

Earlier quoted context omitted.

I am that person that reads every line of the contracts I sign, including ToS and PP. I appreciate that I can tell who it rubs the wrong way, because it tells me who will shake my hand without intending to honor their word. It changed the way I write these documents as well, the last ToS and PP I wrote can each be read in a single breath.

That simply isn't possible - you might like to think you read everything but research has shown that simply reading the terms and conditions of the top 100 websites amounts to a colossal amount of time (if you look at Prof. Lorie Cranor's research on this from around 2008, even back then the cost to the US in lost time was to the tune of trillions of dollars - now, they are much much worse than they were 18 years ago…

He did say that he read every contract he signs not that he reads every contract some company thinks applies to him without any legal basis whatsoever. You also don't have to use to top 100 websites.

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

#238

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

Hmm, probably beats my default: abuse@$COMPANY.com

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

#239

I'm glad it all worked out for this individual. I hope more people live their lives like this as the dystopia progresses. Unfortunately, especially in the US, exercising your rights, or even just reading every paper you're expected to put your name to, not only constantly pisses people off for some reason, but also puts you at a significant disadvantage compared to the people that never push back in the interest of n…

Went to a new doctor. As part of the check-in process, I was asked to "sign" a little digital pad, so, as I was told, they could properly use my insurance. I asked to see the hard copy of what I was signing and they couldn't find one. Then, for some reason, they were unable to print one. I gave up and scribbled my sig with my finger and then was seen by a doctor. It's maddening.

Usually, signing things like this won’t particularly hurt you - largely because your inalienable rights are… inalienable. You can’t sign them away, even if some contract says you have.

The flip side of this however is that it’s a very worthwhile pursuit to know consumer protections and what your rights are in the jurisdiction in which you live - and how to enforce them.

Where I live, I unfortunately quite frequently find myself having to go “ok so you want to do the formal process with the regulator then?”, which usually gets them to reconsider - but not always. Three times in the last month I have threatened regulatory action - and of those three, only one chose that path. I have just reported a government agency here to the domestic and EU regulators for failing to fulfil EU FoM treaty rights - and they were even kind enough to put it in writing that they’re ignoring their own domestic laws.

I have yet to lose a case I have brought before a regulator or justice of the peace, and businesses usually only need to do this once, if at all, as it can quite quickly turn a €1,000 dispute into tens or hundreds of thousands of euro of damages and fines. By doing this, following these processes through, I help not just myself but society as a whole.

So - sign away, but have teeth, and know where to bite.

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

#240

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

ICO bothers to whine and plead sometimes! But usually even the extensive evidence is indeed met with "eh, mate, can't you just ask them again?"

Yep, pretty much the definition of a toothless regulator.
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