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0 pointsrmc9y ago0 comments

> Suppose a service requires data transmission to operate, either intrinsically, or it just chooses to require it

No services really requires data transmission. It's just the owners have decided to run it that way.

> I expect users will check the checkbox without reading any explanations, just as today they click "I Agree" without reading anything.

Within EU Data Protection law, you have to get "freely given, informed consent" for things. And a checkbox which links to 30 pages of legalese does not necessarily count as informed consent. Just because your users clicked a checkbox/clickthrough, that doesn't mean you're in the clear legally.

> if this is a legal requirement, then service providers are greatly incentivized to require data transmission as a condition of using the service

Unrestricted data transmission (and processing) is not legal in the EU. EU fundamental rights law specifies that. So you can't necessarily create a service which from the start requires that sort of agreement.

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2 comments · 1 top-level

danarmak9y ago· 1 in thread

> No services really requires data transmission.

Some services do. For instance, Waze builds live traffic maps because all its users upload their locations / speed / etc.

> It's just the owners have decided to run it that way.

Which is their right, as long as the users give informed consent. What I would like to know is how, in practice, such consent can be sought or given.

> And a checkbox which links to 30 pages of legalese does not necessarily count as informed consent.

I'm not saying it does, necessarily. I'm asking what does count as informed consent? Can you give an example of consent done right?

Klockan9y ago

Oauth popups is a good example of how to give consent. They are opt in and usually say exactly to whom you share information and what kind of information they will get.

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