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grabeh | 6 years ago

The concept of processing necessary for the performance of a contract is interpreted extremely narrowly by data protection law. Rightly so, because otherwise it would give entities far too much latitude to stuff as many different processing activities as possible within that ground, even though certain processing activities aren't at all necessary to provide the service.

With Grindr, they only need to process data to provide the service by making it available to you and to other users. What they definitely don't need to do in order to provide the core service is to share your data with third parties who can then use it for their own purposes.

Any argument that the processing is necessary because it's an ad-funded service would not be acceptable under data protection law.

On that basis, performance of a contract would not be a relevant ground. You're also looking at e-Privacy Directive considerations in the EU where either a cookie or similar is essential to provide the service, or you need consent. Similar for location data, you will generally need consent.

So you not only have GDPR issues but also e-Privacy Directive issues where your processing grounds are actually incredibly limited anyway.

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toohotatopic|6 years ago

>or you need consent

That was my point. People sign contracts where they consent to sharing. The advertising industry is not breaking the law because they don't use the data that is necessary for the performance but they use the data that is voluntarily shared.

anonymousab|6 years ago

And as mentioned above, the sharing aspect of those contacts is more or less void if the personal information sharing was implied to be required to use the service, and/or was not opt-in such that the option without opting in was not the prominent default.