[Fim4l] LexisNexis Advance
Peter Schober
peter.schober at univie.ac.at
Mon Mar 15 20:07:23 CET 2021
* Bernd Oberknapp <bo at ub.uni-freiburg.de> [2021-03-15 19:53]:
> The point is that we cannot force users to consent to releasing PII
> (like a pairwise-id/eduPersonTargetedID) that isn't necessary (if
> the user doesn't want to use the personalization) and deny access to
> resources necessary for their studies or research if the users don't
> give their consent - that again wouldn't be free and informed
> consent.
Maybe my issues with the paragraph above are due to merely phrasing
things in an unfortunate way (I'm not discounting the possibilty that
we all agree on these issues), but not knowing that for sure all I
have to go on is what's written above. To which I'll say this:
You can't ever "force users to consent", obviously.
(You can certainly ask them to consent, though. Unless consent is not
the legal basis for processing, see below.)
And asking for consent in cases where the processing "isn't necessary"
is exactly the right case to be asking for consent, IMO.
Vice versa, asking for consent to processing that's necessary
(e.g. GDPR Art. 6 1 b) is wrong anyway, then the legal bases is not
consent and you shouldn't give the impression it is by asking for it.
Best,
-peter
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