To be fair, I can actually sort-of see a specific point here:
They are legally required to offer you that cookie choice. If you block that choice, are they in violation of the law even if they cannot apply cookies? Just because their site does implement tech for it (even though you’re blocking it, but the law cannot know that) and they cannot show you the popup allowing you to reject the tech (since you’re blocking it)?
Weird thing. Doubt there’d be a clear answer without someone dragging someone else in front of a court for it, plus that’s of course not why CNN is blocking us here, but it’s an interesting thought whether they are even allowed to let you on if they cannot present you with the GDPR choice.
Yeah. GDPR should have been implemented as a mandatory part of HTML or even HTTP that interacts with a builtin browser feature. Let the user make the choice once, in the browser, and let the browser tell the visited site what’s allowed. Statutory compliance would mean something like
browser detects and warns about cookies which do not appear to be in compliance with user’s preferences (optionally: browser can block cookies which do not appear to be in compliance)
browser detects sites which do not implement the spec at all, and warns the user about that
regulatory body checks for compliance on any site with over X number of users
regulatory body checks major browsers for compliance
Yeah. GDPR should have been implemented as a mandatory part of HTML or even HTTP that interacts with a builtin browser feature.
Well, it kind of is. The Do Not Track header has recently seen a court win in Germany (source):
It turned out that the judge agreed with vzbv, ruling that the social media giant is no longer allowed to warn users it doesn’t respect DNT signals. That’s because, under GDPR, the right to opt out of web tracking and data collection can also be exercised using automated procedures.
And it is basically the same in California too Source
GPC is a valid do-not-sell-my-personal-information signal according to the California Consumer Privacy Act (CCPA), which stipulates that websites are legally required to respect a signal sent by users who want to opt-out of having their personal data sold.
To be fair, I can actually sort-of see a specific point here:
They are legally required to offer you that cookie choice. If you block that choice, are they in violation of the law even if they cannot apply cookies? Just because their site does implement tech for it (even though you’re blocking it, but the law cannot know that) and they cannot show you the popup allowing you to reject the tech (since you’re blocking it)?
Weird thing. Doubt there’d be a clear answer without someone dragging someone else in front of a court for it, plus that’s of course not why CNN is blocking us here, but it’s an interesting thought whether they are even allowed to let you on if they cannot present you with the GDPR choice.
Yeah. GDPR should have been implemented as a mandatory part of HTML or even HTTP that interacts with a builtin browser feature. Let the user make the choice once, in the browser, and let the browser tell the visited site what’s allowed. Statutory compliance would mean something like
Sounds like do not track +
Well, it kind of is. The Do Not Track header has recently seen a court win in Germany (source):
And it is basically the same in California too Source