Comment by reaperducer
6 years ago
I don't see how this is involuntary. You are choosing to use the product
It's involuntary because it's not informed consent. Google doesn't tell people up front or in any meaningful way that this is happening.
That's like saying "Oh, that steak was covered in the chef's experimental hot sauce that we didn't list on the menu? Well, too bad, you chose to come to this restaurant."
> It's involuntary because it's not informed consent.
I think you're making an analogy that doesn't logically apply. "Informed consent" is a property of healthcare administration. When you're putting drugs into someone's blood stream or cutting them open while anaesthetized, yeah, you need to make damn sure you're doing the right thing for them.
> the chef's experimental hot sauce that we didn't list on the menu?
Likewise, when you're serving food that someone will ingest and which may cause allergic reactions or food poisoning, again the bar is pretty high to make sure you are treating people safely.
But we're talking about using a free piece of software. If Chrome changes the color of their tab bar, no one is going into anaphylactic shock. When Facebook adds a new button on the sidebar, there is little risk of that inadvertently severing someone's carotid artery.
>I think you're making an analogy that doesn't logically apply. "Informed consent" is a property of healthcare administration.
No, it is used in healthcare, but it is by no means exclusive to that domain.
And the European Union clearly has a different opinion when it comes to the use of personal data:
"Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject's consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided."
Recital 32 of the GDPR