Re: [proposals] Why would notice and consent not be adequate? (Notice and consent debate) (#5)

At least Google, the UK CMA, and 51Degrees agree that solutions must adhere to [GDPR](https://www.gov.uk/cma-cases/investigation-into-googles-privacy-sandbox-browser-changes#decision-to-accept-binding-commitments). GDPR allows for and requires consent. Browser vendors performing processing and using personalize data under GDPR will need to gain consent to do this. Browser vendors that are required to avoid self-preferencing will also need to ensure others are able to obtain the same consent on an equal basis.

Consent can be problematic due to users understanding of what they are consenting to as @darobin points out. Examples I use include; gaining permission for something alongside a gazillion other things at the point of setting up a shinny new and expensive phone, or presenting so many options people just give up.

But despite all these issues consent is used by every digital service provider to operate their service (including Github for the posting of these comments).

Therefore I’m concerned by @darobin’s following statement.

> The answer to this question is a clear and resounding "no." 

If the scope of this group to address the long standing issues associated with consent, then perhaps it should be renamed to the “Fixing Consent Community Group” and would likely need to involve a wider group of participants.

If not, then we cannot limit the innovation of the group by placing an unjustified burden on proposers concerning the role of consent. Instead, we need to establish success criteria associated with the presentation, capture, and monitoring, of consent. 

I think we agree on the following.

- “dark patterns” must be avoided; 
- fewer and simpler questions are desirable;
- the associated legal text associated with data use should be as simple and clear as possible; and 
- some method of verifying adherence to people’s choices is desirable. 

I fear we do not agree that the widest number of entities should be able to participate and innovate, that entities should be free to decide what is and is not necessary, the suitability of the Ethical Web Principles (and other W3C doctrine) in general, alignment to laws, that we are all acting in good faith, and that all entities should have choice concerning the other entities they work with. 

@AramZS as chair; how do we constructively identify and address these differences?

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Received on Tuesday, 1 March 2022 08:21:18 UTC