There's "legitimate interest", which makes the whole GDPR null and void. Every website nowdays has the "legitimate interest" toggled on for "track user across services", "measure ad performance" and "build user profile". And it's 100% legal, even though the official reason for GDPR to exist in the first place is to make these practices illegal.
It's a farce and just like the US constitution they'll just continuously argue about the meanings of words and erode then over time
Session cookies and profiles on logged in users is where I see most companies stretching for legitimate interest. But cross service data sharing and persistent advertising cookies without consent are clearly no bueno.
https://www.reddit.com/media?url=https%3A%2F%2Fpreview.redd....
none of these others are legitimate interest. Furthermore combining the data from legitimate interest (email address to keep track of your logged in user) with illegitimate goals such as tracking across services would be illegitimate.
- Direct Marketing
- Preventing Fraud
- Ensuring information security
It's weasel words all the way down. Having to take into account "reasonable" expectations of data subjects etc. Allowed where the subject is "in the service of the controller"
Very broad terms open to a lot of lengthy debate
> Very broad terms open to a lot of lengthy debate
Because otherwise no law would eve be written, because you would have to explicitly define every single possible human activity to allow or disallow.
direct marketing that I believe is legitimate - offers with rebate on heightened service level if you currently have lower service level.
direct marketing that is not legitimate, this guy has signed up for autistic service for our video service (silly example, don't know what this would be), therefore we will share his profile with various autistic service providers so they can market to him.
Fraud prevention is literally "collect enough cross-service info to identify a person in case we want to block them in the future". Weasel words for tracking.
> therefore we will share his profile with various autistic service providers so they can market to him.
This again falls under legitimate interest. The user, being profiled as x, may have legitimate interest in services targeting x. But we can't deliver this unless we are profiling users, so we cross-service profile users, all under the holy legitimate interest
You're literally not allowed to store that data for years, or to sell/use that data for marketing and actual tracking purposes.
Websites A and B buy fraud prevention service FPS, website A flags user x as fraudulent, how should FPS flag user x as high risk for website B if consent from user x was required?
Legitimate interest literally allows FPS to track users, build cross-service profiles, process and store their data in case FPS needs that data sometime in the future. Under legitimate interest response to query "What's the ratio of disputed transactions for this user?" is perfectly legal trigger to put all that data to use, even though it is for all intents and purposes indistinguishable from pre-GDPR tracking.
"Legitimate interests is now our legal basis for using your information to improve Meta Products"
Fun read https://www.facebook.com/privacy/policy?section_id=7-WhatIsO...
But don't worry, "None of these allow you to just willy-nilly send/sell info to third parties." !