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As in when both are an option on a website as below. I'm vaguely aware that it's something to do with GDPR and my default is to uncheck everything if it's just a news link or something I've followed to a site I'm unlikely to use again.
But I don't really understand the two options. Surely just consent yes/no would work? If you've ticked legit interest but not ticked consent doesn't the latter override the former? If you've checked consent, what are you consenting to if you haven't clicked legitimate interest?
I'm probably being really thick and it's not something I lose sleep over, I'm just mildly curious about what they both actually mean?
I'll try the old-fashioned way uploading to an image hosting site...
That didn't work either. Maybe a link will
I have no idea, I'd say that's intentional and it's just a 'gotcha' to accomplish exactly what you think you're opting out of and will maintain that stance until comprehensively proven otherwise.
I think having a legitimate interest can override you withdrawing consent, it's a cheeky back door to circumvent the rules
Consent means that they can only process your information in the way that you were first informed. If the processing changes in any way, or you withdraw your consent then the processing has to stop.
Legitimate Interest means that the processing of personal data can go ahea because it serves the legitinate interests of either the data controller or a third party (including you). Unlike consent the legitimate interests are weighed against the rights of the individual and can outweigh them if the impact is justified.
As hinted above it would be really nice if websites just had accept/reject cookies but many just have frustrating options that are designed to wear you down and just click accept as it's too much like hard work. The ICO have said they are going to crack down on this behaviour and "dark patterns" but I'm not holding my breath.
it’s a cheeky back door to circumvent the rules
This is it in a nutshell.
There are many reasons you might legally process someone's data under GDPR, and consent/LI are just a couple of them (others include contractual obligation, legal obligation, etc).
'Legitimate interests' means it's in someone's interest, even if they haven't explicitly consented. Ideally it should be the user's interest!
In theory, it should be accompanied by a self assessment: will the user mind, does it seem reasonable, have you examined other ways of achieving this end, does it affect their privacy etc.
So for instance, you might not explicitly have consented to receiving emails about the concert you just bought tickets to, but you probably wouldn't mind if you got an email with times and directions to it.
But the thing is, legally you must be able to easily opt out at any point. This is simple with email - click 'unsubscribe'. Much harder with, say, "we're going to track you for advertising purposes". So that's why you get all these sites asking you if you want to opt out.
IMO this is shitty behaviour and definitely not in the spirit of the law, albeit maybe not technically illegal.
But yes, in summary, it does basically mean "Even if you don't consent, we're going to do it anyway unless you untick all these boxes".
(And who knows whether, even then, they won't still just do it anyway)
I'll stick with my strategy of unchecking everything then.
I think it was Viz who had a tick box in a form in the magazine along the lines of "please do not share my data with third parties no matter how carefully ****ing screened they be." It's pretty much where I stand on the whole issue.
I don't care for your marketing, I don't care for anyone else's marketing, but I understand that in the modern day websites need to store cookies like "userloggedin=yes" for basic functionality. That's three tick boxes, not 40. Generally speaking I've found that if you go to 'manage settings' on a given website, scroll past all the options to the Save Choices button hidden at the end, you're not a million miles off something sensible.
This whole 'legitimate interest' notion strikes me as a) a way of getting around the mandate that you've not allowed to have preselected boxes and b) an intention to wilfully confuse and deceive. I don't like it.
ill be honest and say i never read any of the popups and just click accept if its on a website i know. whats the worst that could happen?
I just run blockers which stop the pop ups and the cookies.
Slight PITA with sites I want to use which need them as I have to explicitly permit each one.
whats the worst that could happen?
On an individual scale for most of us not a lot.
However on a larger scale it allows for targeted marketing campaigns and so allows for different, possibly contradictory, messages to be pushed to different demographic groups.
Fact is that even with unchecking everything this site has 36 things (Edit: 176 things on the edit window and 55 when I returned from making my post) running in the background on this page which is the most on any tab I have open. Next highest are leboncoin with 15 and the Guardian with 13.