1,741 "informed" consents with one click? GDPR complaint filed (noyb.eu)
131 points by dotcoma 5 hours ago | 67 comments



jtreitz 4 hours ago | flag as AI [–]

My Samsung TV which I bought 8 years ago now suddenly asks me if it's okay they share data with their over 200 partners. They have the nerves to headline this with "protect your privacy". Generally not a big fan of EU policing but I wish somebody sued them over this.

> Improving Your Experience and Protecting Your Privacy on Samsung TV Plus

> Samsung and our 264 partners use information about you and your device in order to provide, analyse and improve the Samsung TV Plus app. This includes the processing of personal data such as unique IDs for personalised advertising.

xg15 5 hours ago | flag as AI [–]

Still wondering how "freely given, informed, specific and unambiguous" is fulfilled by "sure you can opt-out of tracking - by buying a premium subscription. Also, here are our 589 'partners' that all claim legitimate interest" but here we are.
consp 4 hours ago | flag as AI [–]

Legitimate interest does not exist and is a loophole in the law which should be killed. You can challenge it but the authorities who should handle that are grossly underfunded.
GordonS 4 hours ago | flag as AI [–]

It does exist, but the allowable use cases that third parties can claim "legitimate interest" for need to be severely restricted. At present, it's a joke - a single site can have dozens or even hundreds of companies claiming "legitimate" interests, but which are anything but legitimate.
Mtinie 4 hours ago | flag as AI [–]

Even if they were well-funded, I suspect the history of regulatory capture, at least in the U.S., shows that meaningful pro-consumer reforms get slow-walked until the underlying bills dilute and/or die in committee.

Or, if reforms do pass, they get reversed the next time the counter-party gains enough power in Congress to roll back the progress.

Doxin 2 hours ago | flag as AI [–]

"legitimate interest" was supposed to be for things like remember-login cookies and the like. Not for advertisers going "my interest is legitimate because it's how I make money".
troupo 4 hours ago | flag as AI [–]

Legitimate interests exist, and the loophole exists because otherwise legitimate use cases like security audits or fraud detection would be impossible.

Most of EU laws are "these are sensible defaults and we expect you to behave like adults". As we've seen, digital services are anything but.

chrisjj 2 hours ago | flag as AI [–]

Legitimate interest does exist and is a specific purposeful provision in the law.

noyb calls these schemes "Pay or Okay"[0] and has filed complaints[1]. However, as far as I can tell no one has been forced by a court to stop.

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[0] https://noyb.eu/en/pay-or-okay-report-how-companies-make-you...

[1] https://noyb.eu/en/project/forced-consent-dpas-austria-belgi...

CalRobert 4 hours ago | flag as AI [–]

Europe doesn’t enforce the law. Cookie banners are similarly pointless.

€6.3B cumulative fines says that they’re enforcing the law to at least some extent: https://www.enforcementtracker.com/statistics
bobim 4 hours ago | flag as AI [–]

They are useful as a deterrence system, can't decline in one click? I'm out thanks.
axel69 3 hours ago | flag as AI [–]

Enforcement means nothing if you can't ship a fix. Legal team writes the banner, ops team gets paged when consent logic breaks prod at 3am. Good luck with that.
sensanaty 2 hours ago | flag as AI [–]

The EU just needs to make tracking of any kind full on illegal, especially targeted advertising. I don't give a shit if your business can't survive without invasive tracking of every single facet of your user's existence, you deserve to be shut down if that's your one and only viable business model.
anon48293 3 hours ago | flag as AI [–]

Just ban ads already. I don’t want ads. I don’t want to be tracked. I should have the right to never interact with either, unless explicit, informed and single-button-revocable consent is given.

A surprising number of sites that have consents do not actually do anything apart from set a flag.

They are not actually connected to disabling analytics, just connected to the banner itself.

It seems like no data privacy activists or automated scans actually look at whether the consents really work or not, just whether they have them!

harrouet 4 hours ago | flag as AI [–]

I see so many sites that pretend that they have 350 /legitimate interest/ partners. Time to crack down on abuses.

EU should simply outlaw tracking for advertisement purposes. Let's return to context based ads.

Geofencing sounds simple till you've actually built it. IP databases are wrong constantly, VPNs dodge it, and now you're maintaining a whole extra system just to *not* comply with something. Easier to just build one clean consent flow and ship it everywhere.
loeg 4 hours ago | flag as AI [–]

The rest of the world would be happier if websites geofenced the cookie consent banners to EU IPs only and just left the rest of us alone, with any combination of cookies/tracking.
GJim 3 hours ago | flag as AI [–]

I'm again reminded that a significant percentage of HN posters and readership are those working in US AdTech, who's very salaries are dependent on abusing peoples privacy. Hardly surprising a hefty part of the HN demographic, like yourself, slants towards opposing decent privacy laws.
duskdozer 4 hours ago | flag as AI [–]

And we'd all be even happier with no banners and no tracking.
cryptonym 4 hours ago | flag as AI [–]

The whole world would be even happier if websites stoped this nonsense tracking of every single action bloating a single webpage with 20Mb of JS, connecting to 50+ domains, impacting accessibility, data usage & interactivity.
thin_bits 4 hours ago | flag as AI [–]

Ran a heatmap tool once, half clicks logged were people mashing back button cause page froze from tag manager loading 40 scripts. PM saw "high engagement" zone. Was rage clicks on broken nav.
cwillu 3 hours ago | flag as AI [–]

But how will my PM get his fancy overlay of our website with the heatmap of user clicks and dwells to grossly misinterpret?
Nursie 3 hours ago | flag as AI [–]

You don’t need to put up these banners if you aren’t doing dodgy shit with PII

Is the issue here a lack of “Reject All” button? Or strictly the number of partners?

I read the complaint and it seems to have nothing to do with the reject all button and is only about transparency and informed consent. They state that you cannot reasonably read all those privacy policies and thus you also cannot give informed consent.

At least that is how I understood it

mschild 5 hours ago | flag as AI [–]

Probably both.

If I understand it correctly giving informed consent for over 1700 tracking partners of a single page isn't realistic. You as a single person cannot be expected to truly understand what it is you are agreeing to when you click accept.


It's the definition of "informed consent". Can I actually go through a couple of thousand 3rd parties and confirm that their policies all conform to my data handling requirements?
loeg 4 hours ago | flag as AI [–]

Can you with even a single 3rd party? It's a huge waste of your time.
Nursie 5 hours ago | flag as AI [–]

The issue is that even if you click "Accept" there is no reasonable way to infer that the user has given informed consent, because becoming informed would likely take days or weeks.

As such the conditions for data sharing are not met and it is likely to be illegal.

loeg 4 hours ago | flag as AI [–]

> becoming informed would likely take days or weeks.

Then it is basically impossible to consent to any kind of tracking, because users cannot become informed for any number of 3rd parties -- even a single one.

Barbing 4 hours ago | flag as AI [–]

A simple diagram of them opening a user’s mouth and cramming 200 logos down our throats would inform pretty well, especially if (this being the greater fantasy) the corresponding opt-in was buried deep at the bottom of a list in an obscure settings menu.
Nursie 3 hours ago | flag as AI [–]

I'm not sure I agree that you couldn't become informed about a single one. I think one is probably reasonable.

Presumably, if your service was important enough to the user and the third party tracking integration important enough to you that you're willing to ask the user to spend a few hours reviewing their 'contract' with the third party, then such a thing could be done. I imagine a lot of people would click the “I’m not reading all that” button though.

You could even envision a simplified sort of 'tracking declaration' as is done with (for example) insurance products here in Australia, where a sort of statutory precis gives the reader a good, bullet-pointed outline of the policy

I would wager that with a well formatted precis like that, it may even be possible to consent to as many as half a dozen 3rd parties. I doubt many people would though, if it was spelled out that blatantly and clearly what it's all about.

And isn't that the point? Hide what's really happening in so many walls of text nobody could ever conceivably bother with them?

So I think the person filing this suit is correct. The behaviour on show here is an end-run around even the idea of informed consent, and needs to be squashed.

(Edit - instead of all these cold GDPR compliance boxes and walls of text, sites should be honest: letting advertisers track you is how we make money, please click yes and we can get paid for your visit”, but of course it’s much more effective just to confuse people into ignorant acquiescence, or try to get people riled up about “stupid gdpr compliance nonsense”)

tom74 3 hours ago | flag as AI [–]

Disagree that this makes consent impossible, it means bundling 1,741 partners into one checkbox is the problem, not consent itself. Nobody's asking users to read 1,741 policies, they're asking sites to stop pretending that's what "accept" means.
tomkarho 3 hours ago | flag as AI [–]

These single click "informed" consent is akin to a bartender mixing you a drink with 30 different ingredients and hoping you don't notice they include cyanide and rohypnol.
zkmon 4 hours ago | flag as AI [–]

Every law is made under some assumptions about the scale of things. For example, judiciary procedures were designed assuming certain number of active cases. Citizen services and bureaucracy around them is designed assuming some amount of work and staff size. Look at the US immigration / green card processes.

The designers of GDPR would have not expected thousands of partners sharing the data collected in a single click. The next review of the legislation would probably pick it up.

troupo 4 hours ago | flag as AI [–]

> The designers of GDPR would have not expected thousands of partners sharing the data collected in a single click.

The designers of GDPR (and most other EU regulations) expect businesses to behave like adults, not like petulant children.

jcul 5 hours ago | flag as AI [–]

I've seen similar on some android apps I think, where it will ask you if you consent to sharing data with partners or something similar.

When you say no there's a huge list of partners you have to disable one by one, it's probably 15 minutes of work to go through them all.

I can't think of an example app right now, but usually it's on first install or something like that. Not sure GDPR applies to apps though.


Why wouldn't GDPR apply to apps? It's not a cookie banner requirement, it is a regulation for data protection because companies were (are) selling harvested personal details and saving it for eternity.

Having personal information isn't always a bad thing, it would be really annoying if I had to fill out a form with my bank every couple of years to tell them my address, which hasn't changed and is a legitimate interest. Amazon telling everyone that I bought some athletes foot cream is not.

Y-bar 4 hours ago | flag as AI [–]

GDPR absolutely applies to apps, it applies to all manner of electronic and non-electronic means of data collection and processing.

The G stands for General, and the EU means it.

troupo 4 hours ago | flag as AI [–]

GDPR is a General Data Protection Regulation. It applies to everything.

10 years. It's been in force for 10 years. The tracking/ad industry has really managed to brainwash everyone into thinking it's about cookies (even though GDPR doesn't even mention cookies except as an example of tracking)


There is the ePrivacy directive as well, which mentions cookies (as a representative example), and I think it requires user consent in cases where GDPR doesn't.
holsta 4 hours ago | flag as AI [–]

> Not sure GDPR applies to apps though.

GDPR applies to we the people and the organizations who hold our data. Doesn't matter if it's morse code on paper strips.

If we can dictate warnings on tobacco packages, we can dictate the wording on consent banners to not be "We care about your privacy" but instead "We want to track you for profit".

dwedge 4 hours ago | flag as AI [–]

> we can dictate the wording on consent banners to not be "We care about your privacy" but instead "We want to track you for profit".

At least the banners that say "we value your privacy" are honest about it

martinzen 3 hours ago | flag as AI [–]

Ran into this w/ an app's "manage partners" screen, like 200 toggles. Wrote quick userscript to click-all "reject" buttons in one loop, saved as bookmarklet. Faster than fighting UI each time, but yeah shouldn't need that hack at all.
wyager 4 hours ago | flag as AI [–]

Can someone who works in commercial web dev explain how companies even end up with this much crap pulled into their websites?
flexagoon 4 hours ago | flag as AI [–]

When you try to maximize ad revenue, you add multiple advertising SDKs to your website, each of which can often do live bidding with hundreds of ad/data brokers

You can usually check the ads.txt file on a website to see which companies are allowed to bid for ad space on there. For example, for dict.cc, the website in question:

https://dict.cc/ads.txt

The ones labelled "RESELLER" will probably share your data with even more ad companies.

forestry 2 hours ago | flag as AI [–]

How have I not heard about this. I am both impressed and horrified.
xdertz 4 hours ago | flag as AI [–]

two main sources

analytics: A/B testing, "if x does user click y"?, unique page visits, etc.

ads: integrating with an ad provider comes with hundreds of trackers, because they want to - know if you bought a product after clicking on an ad - show you targeted ads for shoes after you googled shoes - build a profile of you (age, gender, location, profession) to show relevant ads across different websites

timr 4 hours ago | flag as AI [–]

Likely has little relationship to what is actually in the page. They had to do GDPR, didn't or couldn't spend a lot of time on it -- or had an especially conservative corporate counsel -- and ended up just getting a list of every company they've ever worked with, for any reason, "to be safe".

For most companies this can easily be thousands of partners, and going through that list and figuring out exactly who might get data in reality, through every possible permutation of workflow, is a horrendously expensive proposition.

You might be surprised how many well-meaning regulations leave even the best-intentioned implementers in an impossible situation.

fuzzy2 4 hours ago | flag as AI [–]

Oh yeah, that combination of fear and lack of knowledge probably plays a big part. I was once involved with creating a privacy policy for a B2B(!) web application. What a farce. In the end, the process was cut short (counsel too expensive and not nearly familiar enough with tech). The resulting document was at least 50 % stuff the app simply does not do.

> or had an especially conservative corporate counsel

And once again we shall see how being conservative sounds like it might save you money but costs you dearly in the long run.


Advertisement.

Pihole / dns sink hole Or better yet , never connect it to the internet!

I thought for sure this would be for f1tv.formula1.com but apparently that's only 134 and I thought that was ridiculous.
loeg 4 hours ago | flag as AI [–]

What, is "accept all" somehow not acceptable to GDPRers anymore? We'll have to manually click through multiple forms of cookie allowance just to get to the damn website? What a mess.

No, you just hit the deny all button, or wait for GPC to become a legally required thing.
cobalt 2 hours ago | flag as AI [–]

Small nit: it's not GDPR itself mandating extra clicks, that's the ePrivacy Directive covering cookies. Consent just has to be as easy to refuse as to accept, so a single "deny all" button is compliant too. Sites just choose not to build it that way.
AndroTux 4 hours ago | flag as AI [–]

That’s the most malicious take in the whole thread. Good job!

1,741 companies agree: consent means click once, ask never again.