I presume this will get past to the Norwegian privacy regulator - https://www.datatilsynet.no
Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
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Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#32Especially on mobile some of these cookie management screens I've seen lately are HORRIBLE. If you're gonna make me click on every single partner to opt out of their tracking, I'm just not gonna use your site.
Unless every tracking setting is off by default, they are clearly already in violation - so why would they then even bother having settings for it? Why not just track everyone and not ask?
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#33What a surprise! Microsoft villianised over the decades seems to be better than Google and Facebook. This brings us to the question. Have you paid XX money for a service that doesn’t show ads. Are you happy with it?
Microsoft _still_ does not let me turn off "Basic usage data/telemetry" being sent to them. I tried to call them about it a month ago and they hung up on me. The one computer in my house running windows is still blocked with this popup.
You need Win10 Enterprise LTSB, even Pro is not enough to get out of Microsoft telemetry capture, including crash dumps (memory with sensitive info), keystrokes, screen grabs.
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#34Especially on mobile some of these cookie management screens I've seen lately are HORRIBLE. If you're gonna make me click on every single partner to opt out of their tracking, I'm just not gonna use your site.
I can't find a section of GDPR requiring these individual toggles for each "partner". From my understanding a website owner could just as well list all partners and give the user the option to consent to processing by all partners (or none) - the agreement is between the website user and the website owner ("controller"), the controller and their partners have a completely separate agreement.
As far as pre-ticked boxes are concerned, they do not signify consent [0], effectively taking the legal base [1] for processing PII in many cases. It's a bit more ambiguous in the actual law: "It shall be as easy to withdraw as to give consent." [2] If consenting can be as easy as clicking the "I agree, have my soul" button, withdrawing consent must not require clicking through dozens of checkboxes and should be just as easy.
[0] Recital 31, Sentence 3: "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." https://gdpr-info.eu/recitals/no-32/
[1] Article 6 (1) "Processing shall be lawful only if [...]" https://gdpr-info.eu/art-6-gdpr/
[2] Article 7 (3) Sentence 4 https://gdpr-info.eu/art-7-gdpr/
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#35Earlier quoted context omitted.
I use EasyList Annoyances with my adblocker, it hides all cookies/GDPR popups. If the website respects GDPR and waits for my click on the "Accept" button, I'll never see it and tracking shouldn't be enabled (many websites still don't respect that basic concept nonetheless)
Are you referring to "Fanboy's Annoyance List" here: https://easylist.to/ ? I really want to get rid of all the cookies/GDPR popups.
This filter removes most of the cookie dialogs: https://github.com/r4vi/block-the-eu-cookie-shit-list
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#36Page 14: [edit: number corrected, thanks] > As the screenshots below illustrate, the Facebook GDPR popup requires users to go into “Manage data settings” to turn off ads based on data from third parties. If the user simply clicks “Accept and continue”, the setting is automatically turned on. This is not privacy by default. Beautiful! A minimal demonstration of a clear violation of the principal of data protection by…
> It will we really hard to talk oneself out of this one.
I'm reasonably sure they knew it's a violation. So it feels like they're either prepared to fight over it, or testing the ground to see what the consequences are... After all, I would have guessed that they're in for major losses in ad revenue if most people sign out. So it's worth almost any risk.
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#37Earlier quoted context omitted.
The only thing holding norway back from full EU membership is fishing rights and a referendum on EU membership. Norway seems to actually accept its current political position inside the EU's sphere of influence just fine.
Right now we are in the worst position. We have to accept all EU rules but we don't have any influence over it. I'd take full membership over that any time but the politicians don't want to risk a 3rd referendum. So we're stuck between the "bark and the wood" as a Norwegian proverb goes.
If it‘s that what the Norwegian people want, why not. I think they know very well what they are doing.
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#38Earlier quoted context omitted.
The only thing holding norway back from full EU membership is fishing rights and a referendum on EU membership. Norway seems to actually accept its current political position inside the EU's sphere of influence just fine.
Right now we are in the worst position. We have to accept all EU rules but we don't have any influence over it. I'd take full membership over that any time but the politicians don't want to risk a 3rd referendum. So we're stuck between the "bark and the wood" as a Norwegian proverb goes.
in my opinion, membership would be the wiser choice, especially as it becomes more and more clear geopolitical influence is done mainly through trade and softpower.
Alas, it should be a democratic choice to join the EU, the vessel which decided how (referendum or parlementary method) depends entirely on the (to-be) member state.
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#39I presume this will get past to the Norwegian privacy regulator - https://www.datatilsynet.no
Yes, it will.
Here's a good news-article [0] giving context to the report. Quote:
> Director of Digital Services in the Consumer Council, Finn Myrstad, says they will now ask the Norwegian Data Inspectorate [i.e. Datatilsynet] to assess whether Google and Facebook violate the new Privacy Policy (GDPR) that has entered into force in the EU.
Furthermore:
> The operation is coordinated with 23 European sister organizations in 16 countries. Of these, the Consumer Council states that 12 organizations will deliver letters to their respective data surveillance. At least six American consumer organizations are also behind the report.
[0] https://nrkbeta.no/2018/06/27/facebook-og-google-manipulerer...
Re: Norwegian Consumer Council report on how tech companies use dark patterns [pdf]
#40I was expecting "dark patterns" to be a hyperbole but these are clear violations of GDPR. This will probably catch public attention when the press gets hold of it and makes the screen shots more accessible (not hidden deep down in a PDF).
The press gets hold of it and realises that they're littered with Facebook and Google integrations, their consent policy is little better and then they decide that they're going to publish this?
The press has been suckered into this whole mess in its sacrifice to keep revenue from advertising