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A comment on Tracking Sex: Implications of widespread data leakage and tracking on porn sites. Parent comment

Re:Tracking Sex: Implications of widespread data leakage and... by jdlshore on Wednesday July 31, 2019 @06:49PM (#20579417)
You're not allowed to require consent in exchange for access to content.
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Re:Tracking Sex: Implications of widespread data leakage and... by mateo411 on Tuesday August 06, 2019 @03:39PM (#20628709)
Really? Where is this rule stated in the GDPR?
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Re:Tracking Sex: Implications of widespread data leakage and... by jdlshore on Wednesday August 07, 2019 @10:46PM (#20641382)
Article 4 section 11 defines "consent" as something that must be freely given. [1]

Article 7 section 4 further clarifies that consent is not freely given if provision of a service is conditional on consent. [2]

Recital 43 is super clear: "Consent is presumed not to be freely given if... the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance." [3]

The gdpr.eu website unpacks the legalese: "“Freely given” consent essentially means you have not cornered the data subject into agreeing to you using their data. For one thing, that means you cannot require consent to data processing as a condition of using the service." [4]

[1] https://gdpr-info.eu/art-4-gdpr/

[2] https://gdpr-info.eu/art-7-gdpr/

[3] https://gdpr-info.eu/recitals/no-43/

[4] https://gdpr.eu/gdpr-consent-requirements/

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