[Fim4l] LexisNexis Advance

Bernd Oberknapp bo at ub.uni-freiburg.de
Mon Mar 15 20:58:09 CET 2021


Hi Peter,

On 15.03.21 20:07, Peter Schober wrote:
 > * 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.

the wording was indeed unfortunate. What I was trying to say is that if 
consent is used as a legal basis, the user must have a choice to not 
release the attribute and still get access to the resource (or have an 
comparable alternative to the institutional login), and that using a 
different legal basis might be difficult.

Best regards,
Bernd

-- 
Bernd Oberknapp
Gesamtleitung ReDI

Albert-Ludwigs-Universität Freiburg
Universitätsbibliothek
Platz der Universität 2 | Postfach 1629
D-79098 Freiburg        | D-79016 Freiburg

Telefon:  +49 761 203-3852
Telefax:  +49 761 203-3987
E-Mail:   bo at ub.uni-freiburg.de
Internet: www.ub.uni-freiburg.de

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