3 Matching Annotations
  1. Jul 2020
    1. When downloading a lifestyle mobile app, the app asks for consent to access the phone’saccelerometer. This is not necessary for the app to work, but it is useful for the controller who wishesto learn more about the movements and activity levels of its users. When the user later revokes thatconsent, she finds out that the app now only works to a limited extent. This is an example of detrimentas meant in Recital 42, which means that consent was never validly obtained (and thus, the controllerneeds to delete all personal data about users’ movements collected this way).
    2. Other examples of detriment are deception, intimidation, coercion or significant negativeconsequences if a data subject does not consent. The controller should be able to prove that the datasubject had a free or genuine choice about whether to consent and that it was possible to withdrawconsent without detriment.
    3. Thecontroller needs to demonstrate that it is possible to refuse or withdraw consent withoutdetriment (recital 42). For example, the controller needs to prove that withdrawing consent does notlead to any costs for the data subject and thus no clear disadvantage for those withdrawing consent.