its definitely not a consent, no matter how you try to spin it.
its definitely not a consent, no matter how you try to spin it.
A better analogy would be you're getting arrested, and you plug your ears with your fingers and say "LA LA LA I CAN'T HEAR YOU" and then argue that you can't be arrested if you can't hear the people arresting you. Interesting argument, but not how it works.
GDPR Recital 32, sentence 3: "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." https://gdpr-info.eu/recitals/no-32/
However uMatrix does not send agrees; in fact, it shreds most 'requests to consent' to pieces before relaying the page to the user as a side-effect of blocking third-party cookies+scripts. So unlike the cat proxy, uMatrix will never send a (deceitful) agreement back and the website owner never gets a reply for his inquiry.
All a website owner gets from a uMatrix user is the wrench they threw into the consent acquiring procedure, and I doubt that's enough to signify consent as defined in GDPR.
GDPR Art. 4 (11) https://gdpr-info.eu/art-4-gdpr/
‘consent’ of the data subject means any freely given,
specific, informed and unambiguous indication of the data
subject’s wishes by which he or she, by a statement or by a
clear affirmative action, signifies agreement to the
processing of personal data relating to him or her;its removing the elements responsible for the banner from the DOM