Re:Tim Hortons app violated laws in collection of ‘vast amou...
by tremon on Thursday June 02, 2022 @06:47AM
(#31593390)
Selling personal data is illegal unless the person opted in
That's not possible to opt in to under the GDPR, FAFAIK. People can consent to the purpose for which their data will be used, and any such purpose must be enumerated explicitly. "Selling the data" is not a processing purpose, and it would still be illegal even if the person consented (it does not meet the bar for informed consent).
Under the GDPR, the only legal way for personal data to be transferred between companies would be for the "buyer" (processor) to use the data original data from the "seller" (controller) on behalf of the controller. The data, as consented to be collected, remains the liability of the controller for its entire lifetime.
That's not possible to opt in to under the GDPR, FAFAIK. People can consent to the purpose for which their data will be used, and any such purpose must be enumerated explicitly. "Selling the data" is not a processing purpose, and it would still be illegal even if the person consented (it does not meet the bar for informed consent).
Under the GDPR, the only legal way for personal data to be transferred between companies would be for the "buyer" (processor) to use the data original data from the "seller" (controller) on behalf of the controller. The data, as consented to be collected, remains the liability of the controller for its entire lifetime.