[HN Gopher] Data protection 'shake-up' takes aim at cookie pop-ups
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       Data protection 'shake-up' takes aim at cookie pop-ups
        
       Author : louthy
       Score  : 57 points
       Date   : 2021-08-26 09:28 UTC (13 hours ago)
        
 (HTM) web link (www.bbc.co.uk)
 (TXT) w3m dump (www.bbc.co.uk)
        
       | Silhouette wrote:
       | As a potentially interesting data point for those not keeping up
       | with privacy and data processing in the UK, next week (1
       | September) also marks the time the NHS will opt everyone into
       | sharing their personal health records for "research and planning"
       | purposes by default (this is about the GPDPR, which is obviously
       | not named confusingly similarly to the GDPR).
       | 
       | Details about what this really means, who will get access to the
       | data, and what regulatory or legal consequences they will face if
       | it's abused are disturbingly vague. In theory, there has already
       | been a two-month delay in doing this due to concerns the first
       | time around about a lack of public awareness. I have seen exactly
       | zero further public information campaigning on the subject during
       | the additional time.
       | 
       | Right now, as someone who believes strongly in the importance of
       | personal privacy and restricting the sharing of sensitive
       | personal data, I am more concerned about that imminent
       | development than this one.
       | 
       | For anyone in the UK who is concerned about that, there is still
       | just about time to opt out via NHS Digital's online system. Make
       | sure you also notify your GPs, as it seems there will now be two
       | systems involved and they require separate opt-outs.
       | 
       | (I'm using "UK" here, but if this affects you, please be aware
       | that the rules may differ depending on whether you're in England,
       | Scotland, etc.)
        
         | pacifika wrote:
         | Not Scotland, perhaps only England.
        
         | jjgreen wrote:
         | That's actually been pushed down the road:
         | https://digital.nhs.uk/data-and-information/data-collections...
        
           | Silhouette wrote:
           | Thank you. I'd somehow missed that development.
           | 
           | It's difficult to see how the other part (run centrally by
           | NHS Digital based on the GP data) could go ahead without this
           | part in place, so maybe they really did listen to reason and
           | back down until they've got proper measures in place.
           | 
           | That would actually be quite reassuring in connection with
           | today's announcement that we're discussing here. If those in
           | government really have understood that there are some lines
           | that shouldn't be crossed when it comes to privacy and
           | personal data and they really are genuinely interested in
           | getting rid of the excessive red tape that some of the EU
           | rules do impose on anyone working with personal data, this
           | might be a positive story after all.
        
       | bogomipz wrote:
       | Alternate link to avoid the absurdity of the BBC's own account
       | sign in pop up in order to read their story about pop ups:
       | 
       | https://archive.is/bQATq
        
       | reilly3000 wrote:
       | Implementing GDPR and CCPA is a huge pain for publishers now;
       | here we have a new standard to understand and comply with. Nobody
       | stopped setting cookies, they just added CMP vendors which set
       | their own cookies. I can't think of a single thing a regulator
       | has done to make the web more private. Browsers and extensions
       | are the beginning and end of what stops tracking and abuse.
        
       | tsjq wrote:
       | What is the plans with Floc ?
        
       | TechBro8615 wrote:
       | I don't know why so many companies implement the cookie banner in
       | such an intentionally obtrusive way. Has there ever been any
       | instance _ever_ of a company being fined because their cookie
       | banner was confined to a small widget with an X in the bottom of
       | the page?
       | 
       | It's not like framing your "consent screen" in a giant modal is
       | going to make up for the 100 checkboxes behind the "advanced"
       | link that each require a separate HTTP request to disable. Or
       | that after disabling them, you're lucky if they stay disabled for
       | longer than the page session. And it doesn't shake the feeling
       | that "disabling" a tracker generates more signal than the tracker
       | itself.
       | 
       | Anyone who implements this at their company is an idiot and an
       | enabler. The profiteering companies encouraging the practice are
       | little better then Outbrain, Disqus or Google AMP - an absolute
       | cancer on the web. Oh, and I bet they've got lobbyists too. If
       | you work as a developer at a company building consent modals, you
       | are truly a useful idiot.
        
       | pacifika wrote:
       | Typical UK government, dangling some inconsequential benefit (tip
       | of the iceberg) while eroding basic human rights.
       | 
       | The problem is that I'm sure the general public will be in favour
       | of removing those banners.
       | 
       | This is like dissolving public education to remove those pesky
       | exams from children's lives.
       | 
       | If aligns with Tory business interests so taking everything into
       | account I'm sure it will go ahead but the level of dishonesty is
       | surprising.
       | 
       | I'll be paying attention to anyone calling this out.
        
         | actually_a_dog wrote:
         | What "human rights" are being violated by getting rid of those
         | dumb cookie popups?
        
           | PaulHoule wrote:
           | I think the cookie popups "normalized deviance". Since that
           | is something required, maybe even thought of as virtuous, why
           | not pop up two different boxes asking for the user's email
           | address before they've had a chance to read the content?
        
             | actually_a_dog wrote:
             | That's a real stretch, to put it charitably.
        
           | pacifika wrote:
           | Eroding privacy protection laws that underpin it.
           | 
           | https://www.humanrightsmedia.org/privacy-rights/
        
           | erhk wrote:
           | Did you miss the part about sending user data internationally
        
             | actually_a_dog wrote:
             | I think you may have missed this part?
             | 
             | > Data adequacy in this sense means an agreement that the
             | protections in place are similar in two countries, with the
             | idea of ensuring that personal information remains safe. It
             | is a key part of EU regulations and was a minor sticking
             | point in the Brexit negotiations.
        
             | Silhouette wrote:
             | As opposed to the EU stance, where sharing personal data
             | with US organisations has repeatedly been found in court to
             | violate the data protection rules? That mostly seems to be
             | because US law grants its government security agencies much
             | the same intrusive powers to examine data as most EU
             | governments grant theirs and EU law explicitly allows for
             | in the latter case. There are reasonable discussions to be
             | had about the necessity for such measures and the
             | safeguards and transparency requirements that are
             | appropriate if they are used, but objecting to
             | international data transfers on this basis, as EU courts
             | have repeatedly done, seems a bit hypocritical.
        
           | dspillett wrote:
           | That part isn't necessarily related to the human rights
           | (though there is the matter of data being carried off to
           | where-ever is liked, which counts IMO), but a suggestion that
           | they are trying to use a little bit of good news (less pop-
           | ups) to distract from bad news, of which there is a lot ATM:
           | 
           | - Bad decisions wrt handling the Afghanistan situation
           | 
           | - The potential weakening of workplace safety laws (starting
           | with the relaxation of rules for lorry drivers, so they can
           | be worked harder to fill the current gap instead of
           | pay/conditions improving to attract more workers) and other
           | employee protections post brexit
           | 
           | - ...
           | 
           | It is not unlike the tampon tax thing. They made a big deal
           | about those no longer being subject to VAT on "brexit day"
           | when in fact that had been agreed by the EU more than two
           | years earlier and could have been implemented there and then
           | (so women kept paying the extra for that time just so the
           | government could claim a cheap win at the end of that part of
           | the process).
        
         | AstralStorm wrote:
         | Technically GDPR could be amended to require compliance
         | notifications to be non-obtrusive and still default to strong
         | privacy protection like disabling non-essential functionality
         | or data collection and processing.
         | 
         | Of course the ad companies rely on the bad and obtrusive pop-up
         | design to annoy users into clicking accept.
        
           | petre wrote:
           | One could set the preferences in their browser once for ever
           | site and maybe add exceptions like in the camera permissions
           | dialog. Make it a simple three choice option, like only
           | necessary (login, shopping basket) cookies, analytics and
           | all, defaulting to necessary only.
        
           | erhk wrote:
           | ELI5 what an "essential" cookie is. Afaik none of them are
           | essential if I refuse to make an account on your platform
        
             | mnw21cam wrote:
             | Or add an item to a shopping basket. But yes, that's about
             | it.
        
           | dspillett wrote:
           | Technically GDPR (and other similar regulations) _do already_
           | require compliance notifications to be non-obtrusive, or at
           | least rejecting consent to be no more difficult than
           | accepting it.
           | 
           | Unfortunately that isn't adequately enforced so everyone gets
           | away with making it a massive pain to reliably opt-out and
           | very easy to accidentally permanently opt-in.
        
       | fangorn wrote:
       | So basically "Think of the children!". Their fingers must no
       | longer be exposed to exhaustive clicking of EU-mandated pop-
       | ups...
       | 
       | If eroding, still woefully inadequate, data protection, instead
       | of simply mandating improvements to deliberately broken UIs, is
       | the first thing future "Information Commissioner" intends to do,
       | God Save The Queen's Browsing History!
        
       | yalogin wrote:
       | They brought on a new guy and the main thing he highlights is pop
       | ups? Also, reading through the article it feels like the
       | "Advancement" will be to not show the pop up but provide a button
       | somewhere to have the user change the defaults which will be
       | allow all cookies. I will be really surprised if it doesn't turn
       | out that way.
        
         | contravariant wrote:
         | I'm actually OK with webpages just sending whatever cookies
         | they like. Though it took me quite a bit of effort to ensure my
         | webbrowser does something sensible with them, which really
         | ought to be a lot easier (and we may be getting there, but
         | permanently storing cookies really ought to be the exception).
         | 
         | I'm slightly worried about all the other stuff they mentioned.
         | Sure less red tape is nice, but it's a fine line between less
         | box-ticking and simply no protection at all.
        
       | 1vuio0pswjnm7 wrote:
       | Edwards is a former lawyer. His predecessor is a library science
       | person. Perhaps that is insignificant. Time will tell.
        
       | lozenge wrote:
       | "Other details remain light, with the government promising to
       | launch a consultation on what future data laws will look like."
       | 
       | They're going to torch all our data regulations, and the only
       | thing people will care about is the cookie pop-ups going away.
        
         | erhk wrote:
         | Cookie popups wont even go away really.
         | 
         | The U.S. has them, not because of data protection in the U.S.
         | but because of EU enforcement. All thos will do is change the
         | legal basis and likely keep the cookies
        
           | mnw21cam wrote:
           | This is the most important point. The EU is big enough that a
           | large proportion of the world has put the cookie popups in.
           | Whether they have done it right is a matter for a separate
           | argument. The UK changing its laws isn't going to change any
           | of this. The only thing it can do it give the bad
           | consequences - the UK isn't big enough for this change to
           | actually cause any good consequences.
           | 
           | The solution to the problem of loads of web sites making
           | illegal cookie nag-screens isn't to relax the laws so that
           | they can legally steal our data - it is instead to actually
           | prosecute for the nag-screens.
        
       | GhostVII wrote:
       | I don't understand why cookie popups are a website feature rather
       | than a browser feature. Wouldn't it make far more sense to just
       | have the browser default to disabling cookies, and show a popup
       | if the web page wants to use them? Then it would be simple to say
       | "accept all cookies", or "always deny cookies" rather than having
       | a new popup on each site.
        
         | Hjfrf wrote:
         | This is a browser feature already. Every site chooses to ignore
         | it due to lack of legal backing.
        
           | GhostVII wrote:
           | If the browser was to just disable the cookies API until the
           | user allowed the site to store data in cookies, it wouldn't
           | be something that the site would be able to ignore.
        
         | travisd wrote:
         | Worth noting that Google would probably do its very best to
         | keep anything like this from coming to fruition with its tight
         | grip on Chrome and web standards. And it's not in the interest
         | of individual companies to go through with this sense the odds
         | that you just click "deny all cookies now and evermore" are
         | pretty high.
         | 
         | Just a case of perverse incentives and conflicts of interest.
        
           | GhostVII wrote:
           | It's also not in the interest of websites to show the cookie
           | popups either, but they do it because they are legally
           | required to do so.
           | 
           | I mean I think regulating it in either place is a bit silly,
           | but if we are going to force users to accept cookies on each
           | site, putting it in the browser is far easier to enforce
           | (since you don't have to go after each site that doesn't do
           | it), and a much better user experience.
        
         | saidajigumi wrote:
         | Because the relevant legislation was crafted by those who
         | fundamentally do not understand how the web (or computers)
         | work. The relevant parts of the GDPR should always have
         | described a _protocol_ where the browser acts as an agent on
         | behalf of the user to declare privacy intent.
        
         | madhato wrote:
         | The browser could also have a setting for eu (gdpr) mode that
         | would enable the cookie notifications. As there is no way for a
         | website to automatically determine if a user is a eu citizen.
        
       | jjgreen wrote:
       | _It means reforming our own data laws so that they 're based on
       | common sense, not box-ticking_
       | 
       | We are so fscked
        
         | blackbear_ wrote:
         | If this is a joke involving fsck - I did not get it.
        
           | jaywalk wrote:
           | You can't say "fuck" on the Internet, so he just censored
           | himself in a technically-humorous way.
        
           | imglorp wrote:
           | UNEXPECTED INCONSISTENCY; RUN fsck MANUALLY.
        
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       (page generated 2021-08-26 23:02 UTC)