Many tech companies are rushing to arrange compliance with GDPR, Europe’s new data protection regulations. What I have seen landing in my inbox thus far is not encouraging. Like with Facebook, other platforms clearly struggle, or hope to get away, with partially or completely ignoring the concepts of informed consent and unforced consent and proving consent. One would suspect the latter as Facebooks removal of 1.5 billion users from EU jurisdiction, is a clear step to reduce potential exposure.
Where consent by the data subject is the basis for data collection: Informed consent means consent needs to be explicitly given for each specific use of person related data, based on a for laymen clear explanation of the reason for collecting the data and how precisely it will be used.
Unforced means consent cannot be tied to core services of the controlling/processing company when that data isn’t necessary to perform a service. In other words “if you don’t like it, delete your account” is forced consent. Otherwise, the right to revoke one or several consents given becomes impossible.
Additionally, a company needs to be able to show that consent has been given, where consent is claimed as the basis for data collection.
Instead I got this email from Twitter earlier today:
You can also choose to deactivate your Twitter account.
The first two bits mean consent is not informed and that it’s not even explicit consent, but merely assumed consent. The last bit means it is forced. On top of it Twitter will not be able to show consent was given (as it is merely assumed from using their service). That’s not how this is meant to work. Non-compliant in other words. (IANAL though)