Hi Carlos,
On Tue, May 29, 2018 at 03:38:08PM +0100, Carlos Friaas wrote:
One can argue that a "real abuse contact" related to a DNS domain is
necessary for the contract's performance, no?
The same is valid about the contract between RIPE/NCC and LIRs over
assigned IP address space, right?
You can argue that - it's the meat of the noyb ./. FB and Google
cases, aiui.
You can also argue that publishing this data without any access
control is *not* necessary to the operation of the registry and
therefore access to services can't be made contingent on consent
to this. I predict there will be a court case over this very
soon.
cheers,
Sascha Luck
Cheers,
Carlos
On Tue, 29 May 2018, Sascha Luck [ml] wrote:
On Tue, May 29, 2018 at 02:50:09PM +0200, Simon Forster wrote:
Would you be able to point to the section of the GDPR which states
this? Admission: I have yet to make it to the end of the 88 pages
of the act without falling asleep.
It derives (also the tenor of NOYB's filing, aiui) from Article
7(4):
"4. When assessing whether consent is freely given, utmost
account shall be taken of whether, inter alia, the performance of
a contract, including the provision of a service, is conditional
on consent to the processing of personal data that is not
necessary for the performance of that contract."
http://www.privacy-regulation.eu/en/article-7-conditions-for-consent-GDPR.htm
cheers,
Sascha Luck
The first case regarding this has already been filed:
https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177
<https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177>
I appreciate a motion has been filed. However, I???d surprised if
the case purely revolved around this single point.
It is positive that some of this stuff is going to be tested in
court sooner rather than later. Having said that, it may be
<sarcasm> a day or two </sarcasm> before we get to see a final
judgement with no further appeals.
All the best
Simon
