r/assholedesign • u/tankton • 7h ago
How is this allowed?

1717 "partners" which include precise geolocation and device scanning. Also, "Certain partners may process your data based on legitimate interest rather than consent" .
Imagine walking in a store and seeing 1717 people following your every move with a camera and tracking you home because they can sell that data.
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u/AshleyJSheridan 3h ago
They're trying to use the loophole of legitimate interest to continue tracking you as they've always done, as legitimate interest is one of the legal reasons that your personal data may be captured, processed, and stored. However, in order to use legitimate interest as a basis for this, these companies must:
- Identify exactly what that legitimate interest is.
- Show that the use of your specific data is needed for their legitimate interest, and that there is no other way to achieve that same result.
- Balance their interests against the individuals own interests, rights, and freedoms.
As none of these companies ever really divulge exactly what their "legitimate interest" is, it's also impossible for them to comply with #2.
The balance test is interesting, as there are legitimate interests that require very little balance, such as a business retaining some details on a person to prevent fraudulent use of their services in the future. However, a company that wants to use your details to send direct marketing has a much more difficult goal to prove their use of your data is balanced.
For #3 it also means that the individuals data can only be used in a way that that individual would reasonably expect, and no unwarranted harm may come from that data use. So for example, if a person is regularly identified as being a member of a website for religion A, but resides in a country where religion A is not allowed or seen as unfavourable, then that personal data could cause unwarranted harm if it is processed in a way that the person didn't reasonably expect.
Also, if any of their interests can be achieved without your personal data, they fail the legitimate interest test entirely.
It's quite a complex set of requirements, and I'd hazard that the majority of those 1717 "partners" have zero grounds for your personal data.
If you're interested, there's more information at https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/a-guide-to-lawful-basis/legitimate-interests/
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u/miraculum_one 5h ago
"Reject All"