Regardless of whether this is for the "greater good", this is deeply unsettling territory.
There's a ton of stuff you can't do, even with clear consent, because otherwise people who lack the means to understand the compromises or afford the safer choices will suffer.
But, hey. Why should I care, if I'm not getting charged those rates, right?
We’re getting pretty off-topic though, so if you’d like to talk more, go ahead and shoot me an email (r at ovao dot la).
Should ad companies be able to model someone's mental illness and show them ads for gambling sites, or whatever, when their brain is acutely more susceptible to them?
This is nothing more than a digital drug law: “You can’t choose what services you consume because we are determined to protect you from yourself, like it or not.”
I guess I'd agree that if someone wrote a 5 page paper describing all the ways that Facebook harvests their data and what might be done with it afterwards then they should be allowed to do what they want? But I suspect most people would be like "uhhh, I think they, um, know what pages I liked? And maybe they use that for ads?"
"Clear consent", in my mind, would be something along the lines of "we use tracking cookies and tracking on widgets third-party websites embed, as well as the data you provide to us in terms of posts, comments, photos and other content to personalize the ads you see". If you accept those terms, well, then you certainly can't be surprised when Facebook — or whoever — does precisely that.
Based on my interpretation, the GDPR simply precludes that possibility.
The official goal of Facebook is not "buying your data" but "providing a social network". Thus, targeted ads are not strictly necessary for providing that service.
I'm a big proponent of user control, and a similarly big proponent of businesses taking much greater responsibility for the data they collect (my data was part of the Equifax breach, so I certainly get it). I am, however, leery about laws that essentially bind a business's hands in terms of how they can and cannot monetize on users, even when as there's A) clarity and B) honest, plain and upfront disclosure about how they do that.
If a business tells me to agree to onerous terms to which I could never agree or to go pound sand, I'll gladly go pound sand. As a consumer, I lose no power there whatsoever.
I've told Facebook to pound sand for roughly their entire existence - never had an account even though I had the chance right after they expand beyond Harvard - and am considering whether life circumstances will increasingly force me (in practical rather than literal terms) to sign up.
A company in that semi-mandatory position deserves lots of binding rules to protect the rights of unwilling users, just as is true for electric companies since you rarely have much choice there.
Plus, I don't think Facebook's massive wall of several huge interlinked policies with soft-pedaled descriptions of what they do meets either of your A and B criteria, especially not when it's modally interrupting the user.
What? Yes it has.
"I am, however, leery about laws that essentially bind a business's hands in terms of how they can and cannot monetize on users, even when as there's A) clarity and B) honest, plain and upfront disclosure about how they do that."
I'm not, mainly because business has been shown that they absolutely cannot be trusted with that. They have abused the privilege, and so they had their toy taken away. If you want to be upset at someone for that, blame the businesses for not reigning in themselves, not the governments for doing what their populaces wanted.
Not to mention, A and B almost never, ever exist.
"If a business tells me to agree to onerous terms to which I could never agree or to go pound sand, I'll gladly go pound sand. As a consumer, I lose no power there whatsoever."
You've lost all power in that relationship, because you have no power to bargain. You have no power to negotiate. And while you'll gladly go pound sand, not everyone is in a position to do so.
Turn it around; why should Facebook be allowed to have "take it or leave it" terms? Why should we as a society allow that? And don't just say, "It's their business;" I don't find that to be a compelling reason. Why should users not have the control over their data that the GDPR brings?
I take issue with this specific stipulation that — even with clear and upfront user consent — a business simply cannot operate in ways that are A) not opposed to the safety or health of their users and B) potentially necessary to succeed in the markets in which they participate.
If you believe the only way they should be able to do that is to become a digital hermit, then you don't really believe that.
"When you say “no thanks”, that’s a user exercising control over their data, and is an action which necessarily involves no governmental body."
What about Facebook's shadow profiles?
"a business simply cannot operate in ways that are A) not opposed to the safety or health of their users"
There is nothing about the GDPR that opposes this. Not a one.
"B) potentially necessary to succeed in the markets in which they participate."
This most assuredly is not part of the GDPR. If the only reason your business has a chance of succeeding is by ignoring user privacy and ignoring the safety of user data, your business does not deserve to succeed.
I've been cordial to this point, but if cordiality isn't there on both sides, there's no point.
No we will not tell you what you did. You already know what you did.
Our automated systems found your policy violation and acted appropriately. They are beyond your comprehension or refutation.
You may not talk to a person regarding your dismissal. It is against policy to discuss active or closed issues.
You have no recourse other than social media or tech websites, and beg. And we still will likely not care.
--Care of US tech companies.
....So, you want to live with rules for companies that allow this kind of egregious and arbitrary actions? I sure as hell don't. Want to see what this stuff devolves to? Look no further than Comcast and ilk.
Where by "your" we mean "one's", i.e. effectively "our".
"Your" in that context was from the company to the user they wronged.
Car = Service
Seat belt = Tracking protection