Re: [Pearg] draft-irtf-pearg-safe-internet-measurement review, implied consent

Thanks Antoine,

For the purposes of internet measurements (and I’m happy to cite some
examples) do you have a sense of how GDPR compliance is achieved when
informed consent may not be possible?

Others have thoughts on this?

I think we should add a sentence or two to the implied consent section, or
perhaps create a new sections, depending on your understanding of best
current practice.

Thanks,
-Mallory

On Tue, 11 Jul 2023 at 09:41, Antoine FRESSANCOURT <antoine.fressancourt=
40huawei.com@dmarc.ietf.org> wrote:

> Hello,
>
> Just a quick remark:
>
> ## implied consent
>
> [...]
> Similarly, under European and similar data protection law, consent isn't
> universal, it's not that every data processing takes place with some kind
> of consent, but rather that you need informed consent when something of a
> particular weight is happening and there isn't another justification and in
> other cases it's reasonable for you to do the processing without getting
> consent (because it's not personal data, say), not that you did have some
> implied consent.
> [...]
>
> Under the GDPR, the implicit answer to the collection or use of data
> generated by the user is "Not consent". There is no such a thing as
> implicit consent. Either you explicitly consent, or you don't (see
> https://gdpr.eu/article-7-how-to-get-consent-to-collect-personal-data/).
> Article 6 of the GDPR gives some cases in which consent is not required,
> but you need to demonstrate that you fall under one of those cases.
>
> Best regards,
>
> Antoine Fressancourt
>
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-- 
Mallory Knodel
CTO, Center for Democracy and Technology
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