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Consent-O-Matic: Automatic handling of GDPR consent forms

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Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#72
post #32

Earlier quoted context omitted.

GDPR did mandate defaulting all of those toggles to "decline" though, even though some are trying to get clever and add additional toggles for "legitimate interest" (which isn't how that works legally but AFAIK nobody has been sued over that yet). The follow-up privacy legislation also bans the current dark pattern of making the "accept all" button more prominent and obvious than "decline all" at least requiring both…

Legitimate Interest is a separate Legal Basis.

Yeah but providing an opt-out toggle for "legitimate interest" is a good indicator that the interest is actually not legitimate enough to require manual opt-out. And in practice I've seen it mostly used as a gotcha to make it harder to opt out of every single advertising partner individually.

"But we want to show you ads to finance our website and our advertising partners want to abuse your privacy" is not a legitimate interest.

Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#73

Earlier quoted context omitted.

It can't be. At least not if you want to accept cookies. Declining is easy. You can just decline everything (technically) not necessary. The problem is, that consent must be given freely and fully informed. And this is the catch. Automatic acceptance isn't fully informed and with that the consent isn't valid. So it would put the companies in danger and therefore no company could honor this standard. Sadly - as it wou…

How do sites abuse Legitimate Interest? LI is something vendors declare to the IAB, not the sites. These CMPs just present that information to the user (in complicated ways) so they can Accept/Decline/Object.

Tracking for Ad fraud is one example where they claim legitimate interest, which is BS IMV

Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#75
post #67

Earlier quoted context omitted.

How do sites abuse Legitimate Interest? LI is something vendors declare to the IAB, not the sites. These CMPs just present that information to the user (in complicated ways) so they can Accept/Decline/Object.

> How do sites abuse Legitimate Interest? By pretending that advertisement and tracking are part of Legitimate Interest, and having a "secondary section" that is not only pre-accepted, but also overrides the proper consent part. To really decline consent in those cases, you must uncheck all "Legitimate Interest" checkboxes. Not only those things are not legitimate interest, this also overrides the lack-of-consent pro…

LI is separate Legal Basis to Consent, that's why there are two lists in the CMP. The user's choices for each Legal Basis are sent separately in the TCF consent strings and entities are expected to adhere to these rules. One does not override the other.

The full list of the LI purposes claimed by adtech players is available at [0]

As for why they're enabled by default... I'd imagine there's a legal reason. GDPR doesn't just apply to adtech, it's everything.

In any case, it's not sites that are the issue. It's the CMP screens.

[0] https://vendor-list.consensu.org/v2/vendor-list.json

Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#76
post #50

Earlier quoted context omitted.

That's the main issue here; the EU mandated consent and gave guidelines on what that consent might look like, but they left implementation down to the industry, which decided to do it themselves (often using dark patterns, for which some companies already got fined) instead of integrating it in browsers. I remember 20 odd years ago now when Firefox came out with a popup blocker standard, built-in. Whatever happened t…

I wouldn't be surprised if Googles consent form intentionally broke every GDPR rule. First time I saw it it didn't bombard me with dark patterns, it sent me down a rabbit hole of near infinite options where I couldn't even tell if any of them where relevant for Google search. They don't want to give users a quick and easy way to opt out, especially not while they are still working on replacement APIs that use sleight…

Facebooks (or I guess Meta, I noticed it on the Occulus website) approach is the worst I've seen, with no clear way to decline. At least google and the others give you the option, they just make you do a load of work for it (and then at the end present you with a blue "accept all" button and a grey "accept selected" button), Facebook literally just gives you an accept all button and, if I recall correctly, a small hyperlink to view their policy in which you have the option to go through all the settings and decline.

Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#77
post #42

I wish more people would just use self-hosted analysis tools and stop tracking people across sites. I think github does this and they wrote a blog post detailing their reasoning.

If you're collecting analytics data yourself you still need to comply with GDPR so you still need a cookie banner for anything but extremely basic analytics.

Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#78

Earlier quoted context omitted.

It should literally be a setting in the browser - auto decline. That would make everyone's life a lot easier.

Everybody would just leave that enabled and advertisers would find a different way to make money from tracking our browsing.

The twist is that this time around they legally are not allowed to do so.

Re: Consent-O-Matic: Automatic handling of GDPR consent forms

#79

I just use https://www.i-dont-care-about-cookies.eu/ with uBlock Origin and it just works.

If you care about your data being harvested it's not the same though. This one actually declines tracking. I don't care about cookies often accepts all tracking for you.
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