Comment by lukeschlather
1 day ago
Yeah I think it probably does mean you should be banned from asking in most cases. If you have a legitimate interest you don't need to ask. If you need to ask your interest is not actually legitimate and you know it.
Legitimate interest is not currently enough to read or write cookies. You need either consent or it must be "strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service." (or "sole purpose of carrying out the transmission of a communication over an electronic communications network", but that's harder to apply to cookies)
Which part says legitimate interest doesn't apply to cookies?
"legitimate interest" is legal basis in GDPR. ePD (which governs access to cookies) does not have such legal basis, only consent and the two exceptions.
Other processing (like after value is read) can happen under GDPR if the data is personal data.
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