Kreuzkamp told Ars that he appreciates that Micro1 acknowledges Springshot's concerns, but his objective remains scrubbing Spirit's dataset of any data that Springshot owns.
【方法】这里提出了一个具体的方法论需求：从Spirit数据集中清除Springshot拥有的数据。然而，文章没有详细说明这种数据分离的技术可行性和法律程序。需要了解在破产程序中，如何执行这种数据分离，以及是否有先例或标准程序可循。
Major water users, including data centers, appear to have committed civil and criminal violations by failing to provide the Texas Water Development Board (TWDB) with information about water usage as required by the Texas Water Code.
【非共识】这封信中州长声称数据中心可能已经违反了法律，但未提供具体证据或案例来支持这一严重指控。这一断言可能带有政治动机，需要独立核实是否有实际违规行为发生，以及是否所有受指控的数据中心确实未能提供所需信息。
Learning heterogeneous graph embedding for Chinese legal document similarity
The paper proposes L-HetGRL, an unsupervised approach using a legal heterogeneous graph and incorporating legal domain-specific knowledge, to improve Legal Document Similarity Measurement (LDSM) with superior performance compared to other methods.
Marketing. For example, information about your device type and usage data may allow us to understand other products or services that may be of interest to you.
All of the information above that has been consented to, can be used by NetGear to make money off consenting individuals and their families.
USB device
This gives Netgear permission to know what you plug into your computer, be it a FitBit, a printer, scanner, microphone, headphones, webcam — anything not attached to your computer.
As mentioned earlier in these guidelines, it is very important that controllers assess the purposes forwhich data is actually processed and the lawful grounds on which it is based prior to collecting thedata. Often companies need personal data for several purposes, and the processing is based on morethan one lawful basis, e.g. customer data may be based on contract and consent. Hence, a withdrawalof consent does not mean a controller must erase data that are processed for a purpose that is basedon the performance of the contract with the data subject. Controllers should therefore be clear fromthe outset about which purpose applies to each element of data and which lawful basis is being reliedupon.
In cases where the data subject withdraws his/her consent and the controller wishes to continue toprocess the personal data on another lawful basis, they cannot silently migrate from consent (which iswithdrawn) to this other lawful basis. Any change in the lawful basis for processing must be notified toa data subject in accordance with the information requirements in Articles 13 and 14 and under thegeneral principle of transparency.
Some vendors may relay on legitimate interest instead of consent for the processing of personal data. The User Interface specifies if a specific vendor is relating on legitimate interest as legal basis, meaning that that vendor will process user’s data for the declared purposes without asking for their consent. The presence of vendors relying on legitimate interest is the reason why within the user interface, even if a user has switched on one specific purpose, not all vendors processing data for that purpose will be displayed as switched on. In fact, those vendors processing data for that specific purpose, relying only on legitimate interest will be displayed as switched off.
Under GDPR there are six possible legal bases for the processing of personal data.
Sure, anti-spam measures such as a CAPTCHA would certainly fall under "legitimate interests". But would targeting cookies? The gotcha with reCAPTCHA is that this legitimate-interest, quite-necessary-in-today's-world feature is inextricably bundled with unwanted and unrelated Google targeting (cookiepedia.co.uk/cookies/NID) cookies (_ga, _gid for v2; NID for v3).
Where a processing activity is necessary for the performance of a contract.
Would a terms of service agreement be considered a contract in this case? So can you just make your terms of service basically include consent or implied consent?
“Is consent really the most appropriate legal basis for this processing activity?” It should be taken into account that consent may not be the best choice in the following situations:
It’s useful to remember that under GDPR regulations consent is not the ONLY reason that an organization can process user data; it is only one of the “Lawful Bases”, therefore companies can apply other lawful (within the scope of GDPR) bases for data processing activity. However, there will always be data processing activities where consent is the only or best option.
Under EU law (specifically the GDPR) you must keep and maintain “full and extensive” up-to-date records of your business processing activities, both internal and external, where the processing is carried out on personal data.
However, even if your processing activities somehow fall outside of these situations, your information duties to users make it necessary for you to keep basic records relating to which data you collect, its purpose, all parties involved in its processing and the data retention period — this is mandatory for everyone.
If you’re a controller based outside of the EU, you’re transferring personal data outside of the EU each time you collect data of users based within the EU. Please make sure you do so according to one of the legal bases for transfer.
Here they equate collection of personal data with transfer of personal data. But this is not very intuitive: I usually think of collection of data and transfer of data as rather different activities. It would be if we collected the data on a server in EU and then transferred all that data (via some internal process) to a server in US.
But I guess when you collect the data over the Internet from a user in a different country, the data is technically being transferred directly to your server in the US. But who is doing the transfer? I would argue that it is not me who is transferring it; it is the user who transmitted/sent the data to my app. I'm collecting it from them, but not transferring it. Collecting seems like more of a passive activity, while transfer seems like a more active activity (maybe not if it's all automated).
So if these terms are equivalent, then they should replace all instances of "transfer" with "collect". That would make it much clearer and harder to mistakenly assume this doesn't apply to oneself. Or if there is a nuanced difference between the two activities, then the differences should be explained, such as examples of when collection may occur without transfer occurring.
If you profile your users, you have to tell them. Therefore, you must pick the relevant clause from the privacy policy generator.
U.K. Information Commissioner Elizabeth Denham clearly states that consent is not the "silver bullet" for GDPR compliance. In many instances, consent will not be the most appropriate ground — for example, when the processing is based on a legal obligation or when the organization has a legitimate interest in processing personal data.
data processing limited to purposes deemed reasonable and appropriate such as commercial interests, individual interests or societal benefits with minimal privacy impact could be exempt from formal consent. The individual will always retain the right to object to the processing of any personal data at any time, subject to legal or contractual restrictions.
organizations may require consent from individuals where the processing of personal data is likely to result in a risk or high risk to the rights and freedoms of individuals or in the case of automated individual decision-making and profiling. Formal consent could as well be justified where the processing requires sharing of personal data with third parties, international data transfers, or where the organization processes special categories of personal data or personal data from minors.
First, organizations must identify the lawful basis for processing prior to the collection of personal data. Under the GDPR, consent is one basis for processing; there are other alternatives. They may be more appropriate options.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR. Our legitimate interests lie in the above-mentioned purposes.
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR. Our legitimate interests lie in the above-mentioned purposes.
legitimate interest triggers when “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject
of the six lawful, GDPR-compliant ways companies can get the green light to process individual personal data, consent is the “least preferable.” According to guidelines in Article 29 Working Party from the European Commission, "a controller must always take time to consider whether consent is the appropriate lawful ground for the envisaged processing or whether another ground should be chosen instead."
“It is unfortunate that a lot of companies are blindly asking for consent when they don’t need it because they have either historically obtained the consent to contact a user,” said digital policy consultant Kristina Podnar. “Or better yet, the company has a lawful basis for contact. Lawful basis is always preferable to consent, so I am uncertain why companies are blindly dismissing that path in favor of consent.”
To become compliant, organisations will need to either stop collecting the offending cookies or find a lawful ground to collect and process that data
Legitimate interest. When there is a genuine reason for processing personal data without consent. Interpretations of this legal ground may vary, but a good example would be risk assessment or checking children’s age, such as in an online liquor store.
some examples of legitimate interest (although their main aim is to emphasize what rights, freedoms and so on override legitimate interest)
An example of reliance on legitimate interests includes a computer store, using only the contact information provided by a customer in the context of a sale, serving that customer with direct regular mail marketing of similar product offerings — accompanied by an easy-to-select choice of online opt-out.
This is no different where legitimate interests applies – see the examples below from the DPN. It should also be made clear that individuals have the right to object to processing of personal data on these grounds.
Individuals can object to data processing for legitimate interests (Article 21 of the GDPR) with the controller getting the opportunity to defend themselves, whereas where the controller uses consent, individuals have the right to withdraw that consent and the ‘right to erasure’. The DPN observes that this may be a factor in whether companies rely on legitimate interests.
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