Going back to the ‘Location History’ example, this translates to the fact the data…
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7.3.3. Is consent “unambiguous”?
Under Article 4 (11) of the GDPR, one of the conditions for a consent to be considered…
CNIL’s landmark decision is the perfect example showing this reality. The finding…
Firstly, it must be noted that if Google were to ground the personal data processing…
Figure 7.7: Web & App Activity Turn ‘On’ Notification…
In addition, as Google adds in this respect, “if you have other settings like Web & App Activity turned on and you pause Location History or delete location data from Location History, you may still have location data saved in your Google Account as part of your use of other Google sites, apps, and services. For example, location data may be saved as part of activity on Search and Maps when your Web & App Activity setting is on, and included in your photos depending on your camera app settings.”(670)…
Google claims that the data subject must opt in before it can process location data…
Also, this problematic situation leads to questions about whether the consent is…
Above and beyond, as shown above, the data subject may also have not chosen to opt…
Looking from another perspective, even if Google can explain its choice of putting…
This argument is especially of utmost importance for people with learning disabilities,
Equally, if a data controller is aware that their goods/ services are availed of…
In this context, while individuals may ‘consent’ to having organisations aggregate…
How should a consent request be presented?…
The answer is that it should be offered in a clear and concise way, using plain language…
Of course, the use of digital layered privacy statements/ notices is not the only…
Where transparency information is directed at children specifically, controllers…
In sum, more innovative methods could be tried to achieve the purposes of the GDPR.…
Legitimate Interests…
Pursuant to Article 6 (1) (f), processing of personal data may in certain circumstances…
“When we’re pursuing legitimate interests, we process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. This means that we process your information for things like: […] Marketing to inform users about our services; Providing advertising to make many of our services freely available for users.”(691)…
Data collected through ‘Web & App Activity’ is used for advertising purposes. As…
Pursuant to Article 6 (1) (f) of the GDPR, the processing of personal data is lawful…
The terms of service stipulate that Facebook process personal data as specified,…
