On visiting a site with a “cookie consent” notice, I don’t feel empowered just irritated.

it really doesn’t take much clicking around the regional Internet to find a gaslighting cookie notice that pops up with a mocking message saying by using this website you’re consenting to your data being processed how the site sees fit — with just a single ‘Ok’ button to affirm your lack of say in the matter.

Out of 508 manually analysed websites that provide a way to opt out, we detected 39 websites where the banner stores a positive consent, even if the user explicitly refuses consent via the cookie banner.

We are not sensible, free thinking decision making people. As an individual I imagine that you will say "Yes I am". That's the beauty of the entire system. Consciously individuals believe that they are in control and make their own choices and yet I have met and experienced very few who have full autonomy

saying they give people all the controls they need to manage and control access to their information. But controls with dishonest instructions on how to use them aren’t really controls at all. And opt outs that don’t exist smell rather more like a lock in. 

Facebook does not even offer an absolute opt out of targeted advertising on its platform. The ‘choice’ it gives users is to agree to its targeted advertising or to delete their account and leave the service entirely. Which isn’t really a choice when balanced against the power of Facebook’s platform and the network effect it exploits to keep people using its service.

that permission must be freely obtained. Ergo, a free choice must be offered.So, in other words, a “data for access” cookie wall isn’t going to cut it. (Or, as the DPA puts it: “Permission is not ‘free’ if someone has no real or free choice. Or if the person cannot refuse giving permission without adverse consequences.”)

On the other hand, asking them to check a box when they have very little idea what they’re agreeing to — and not giving them any other viable options — doesn’t seem to be an ideal solution.