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Rossa McMahon
@rossamcmahon
, 5 tweets, 3 min read Read on Twitter
Yes @Slate, consent is not an "ethical rubber stamp".

But no, #gdpr does not "require companies to ask for consent prior to data collection processes".

Consent as legal basis seems to be one of the most persistently misunderstood elements of GDPR.

slate.com/technology/201…
"We aren’t saying that consent has no place in this ecosystem. But it shouldn’t be the only way we let people make decisions about data protection."

Exactly! That's why GDPR has 6 legal bases for processing, one of which is consent. And consent is often not an appropriate basis.
Choose legal basis that reflects the relationship and processing, consent is often not appropriate and if consent is difficult it's probably because a different legal basis is the right one - @ICOnews

ico.org.uk/for-organisati…
There are plenty of examples of where consent is not the appropriate legal basis.

iapp.org/news/a/practic…
Kind of odd where a whole EU law has been crafted exactly proving the point of the article but that central point is missed and the law is misinterpreted as "requiring consent" before processing.
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More from @rossamcmahon see all

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Rossa McMahon
@rossamcmahon
Finally read full article; situation with GMI worse than I thought.

GMI is engaged in highly sensitive data collection: harvesting genetic material on a population-wide scale. Its approach to doing so & lack of clarity/appropriate behaviour on foundational issues v. worrying.
The attitude of the company is an even greater red flag.

I cannot understand why @roinnslainte (@SimonHarrisTD) & @NTMA_IE (@Paschald) have not long since paused the Government's $70m investment in GMI, why @DPCIreland has not stepped in with an urgent investigation.
Aside from hoovering up genetic material from Irish hospitals, GMI operates a high street presence, gathering up further genetic material in "exchange" for gimmicky health/fitness "metrics".

Remember GMI is a private company, not a State research org.

genofit.ie
Read 11 tweets
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Rossa McMahon
@rossamcmahon
In November 2018 the Data Protection Commission helpfully obliged the Government by saying that community CCTV has a legal basis (required by GDPR) in section 38 of the Garda Síochána Act (once authorised). That statement now, predictably, relied on.

kildarestreet.com/wrans/?id=2019…
"Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”
However, section 38(2) says:

"The Garda Commissioner shall specify the areas within which, based on the information available to him or her, the installation and operation of CCTV is warranted for the purpose specified in subsection (1)."
Read 5 tweets
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Rossa McMahon
@rossamcmahon
Kári Stefánsson was a director of GMI until last September. GMI has numerous overlaps with DeCODE Genetics, the company he founded in Iceland. He thinks medical privacy is not just overrated, but "morally unacceptable".

spectrum.ieee.org/biomedical/eth…
"I think it is completely unacceptable that you could demand service from the health care system at the same time as you refuse to have your information used to make discoveries."

Wow.
He does talk about data security in that Q&A, and elsewhere talks about the importance of protecting the data. But that is hard to square with the attitudes quoted above.

the-scientist.com/profile/master…
Read 9 tweets

Related threads

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Jill Baehring
@jillbaeh
You are worried about #facebook and #FaceApp, but use #Microsoft #Office every day? Time to be concerned! Did you know that Microsoft is processing lots of data about you without telling you about it? 1/n #GDPR #ePrivacy
Through its software and operating system, #Microsoft collects and stores personal data about user behavior, so-called #diagnostic data, on a large scale. Microsoft collects this data in various ways: 2/n
via system-generated logs of events on its servers and via the telemetry client in Windows 10, in Office 365 ProPlus, and in the mobile Office apps. These telemetry clients collect diagnostic data on your device and send this information to Microsoft's servers in the US. 3/n
Read 43 tweets
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Eduardo Ustaran
@EUstaran
Steadily approaching #GDPR anniversary and I see two big & fundamental issues everyone is really struggling with:
1️⃣Lawful grounds for processing
2️⃣DPIAs
One is as old as #EUdataP law itself but the #GDPR has injected new impetus. The other is yet to be learnt properly. Thread⬇️
There are three grounds for processing that get 99% of the attention:
1️⃣Consent seems easy & solid, but it is the most difficult.
2️⃣Contractual necessity is yet to be explored & debated properly.
3️⃣Legitimate interest is seen as the holy grail but remains largely misunderstood.
The standards for valid consent will eventually be settled by #CJEU but it is clear that #GDPR raises the bar well above what has become common practice (think cookie banners & ‘take it or leave it’ approaches). So consent is bound to become the residual option, not the default.
Read 6 tweets
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Phil Wolff 马爱狼 🐺
@evanwolf
Your work history is distinct, more than most passwords. Your resume identifies you (who else had your last 2 to 4 jobs?) even without your name/photo. @LinkedIn as a social network relies on the collective trust of its users to honor the contexts of career and work.
#GDPR makes @LinkedIn accountable for how the company sticks to promised uses of your data, but GDPR doesn't cover how other members of the network use or abuse your information. Social norms (and peer payback like @LeenaVanD offers) can raise the stakes. But abuse happens.
Most data protection laws deal with the relationship between you and companies. The next round of laws will start to cover data in motion (chat, calls, data in transit). But they also should start to consider person-to-person use/abuse of your data. #gdpr #privacy @IdentityWoman
Read 9 tweets
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Robin Berjon
@robinberjon
This is a good question: what is the root cause of the lack of privacy online today? Why does media track so much? My personal take is that it boils down to browsers and mobile platforms. Not only is that the master fix, but it is within reach. Follow the thread❗👇
First, I have some assumptions that I want to ensure you know:
1) Without a free and well-funded press before long we'd have no privacy at all. This does NOT justify an exception regime for media, but it constrains the solution. Getting rid of media is not the right option.
2) I do not buy into strict deontologism. It's not enough to make a rule, we need to make it work. If you force people into a choice between the law and survival, don't be surprised that they at least bend the rules. If you incentivise defection, expect defectors.
Read 20 tweets
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David Carroll 🦅
@profcarroll
Looks like another early-morning wake-up to catch Cambridge Analytica's regulator @ICOnews giving oral evidence to @CommonsCMS tomorrow. I might be livetweeting the livestream if Information Commissioner Elizabeth Denham offers any new revelations. parliament.uk/business/commi…
2/ Hopefully you've seen @Billbrowder give testimony about his Magnitsky Act campaign. Despite his accent, he's a British citizen, asked to talk about disinformation campaign waged against him. @DamianCollins jests that Russian Embassy and Brietbart have gone after @CommonsCMS
3/ @edwardlucas articulates how "fairness doctrine" in media coverage can be exploited by Kremlin propaganda mouthpieces that spray doubt over reasonable positions as media especially BBC oblige 'both sides' rather than understand that position as state propaganda.
Read 32 tweets
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Elliot Alderson
@fs0c131y
1. Hi @makemytrip 👋! Why are you retrieving user data without their consent?

Your #android app is making an http🤦‍♂️ request to metric.makemytrip.com with the following unencrypted 🤦‍♂️ data:
- email
- device name
- phone build version
- OS version
- network type
- ...
2. This is the nice tracker package you have here...
3. You can find the definition of the Events and FNKeys they used: gist.github.com/fs0c131y/065c7…

It seems they used to retrieve the Client_IP, Gender, Last_Name and more
Read 7 tweets

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