5
votes
Accepted
Is it legal to ignore "Do Not Track" for data subjects who fall under the GDPR?
The GDPR actually does require you to follow DNT in Article 21:
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his ...
- 74
4
votes
Is it legal to ignore "Do Not Track" for data subjects who fall under the GDPR?
DNT might interact with two legal bases: consent and legitimate interests.
The DNT header can have three states:
1: do not track, object, opt-out (sometimes a default setting)
(absent): no decision (...
- 22.2k
3
votes
Accepted
Can data protection rights of a subject be voluntarily waived?
GDPR rights and obligations cover different things:
A duty of the data processor towards the government of the country where they operate to present certain documentation, and to implement technical ...
- 10.8k
2
votes
What does "necessary" mean with regards GDPR and cookie consent
Reality is complex and nuanced, so it doesn't make sense to interpret words in the same strict sense as they would be used in formal logic.
GDPR legal bases relate to processing purposes, i.e. goals ...
- 22.2k
2
votes
Access rights to professional photographs
The photograph committed a felony in germany
Making photos of a person in Germany and then offering to sell it to them is considered Nötigung in Germany, which is a felony, and a violation of the ...
- 23.9k
2
votes
Access rights to professional photographs
australia
You must be given access
The organisation may charge a reasonable administration fee for this.
They may impose a licence on copyrighted materials such as prohibiting use other than verifying ...
- 176k
2
votes
Can a customer of a business make a recording of an employee on the business’s privately premises?
The customer must stop recording
australia
The customer is on the store’s premises and an agent of the store has told them to stop. If they continue recording in spite of this they are now ...
- 176k
2
votes
Can data protection rights of a subject be voluntarily waived?
GDPR data subject rights cannot be waived. Data protection is a fundamental right, based on Art 8(1) of the Charter and Art 16(1) TFEU. However, GDPR balances this right to data protection against ...
- 22.2k
2
votes
Is training an AI on the internet processing personal information?
Yes
‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, ...
- 176k
2
votes
Accepted
EU and CLOUD Act
As far as the EU is concerned, the main issue with the CLOUD act is whether it's possible to allow (personal) data transfers to a country where that's the law whithout violating the GDPR. The ...
- 673
1
vote
What does "necessary" mean with regards GDPR and cookie consent
Necessary is legally broader than essential
Something is essential if the process will simply not work without it; something is necessary if, without it, the process becomes inefficient, uncommercial ...
- 176k
1
vote
What does "necessary" mean with regards GDPR and cookie consent
Since the meaning given to the word "necessary" seems apparent in the material you quoted, I first thought you might be looking for examples, but you have criticized amon's answer for merely ...
- 18.6k
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