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by thedevil 2948 days ago
> Not all business models are legal.

But why make this one illegal?

We can make wedding planners illegal if we don't like them and then just say "not all business models are legal.

But that doesn't explain why. Why stop people from engaging in a transaction that both sides consider to be a win?

2 comments

Because "in the EU, personal information cannot be conceived as a mere economic asset: according to the case law of the European Court of Human Rights, the processing of personal data requires protection to ensure a person's enjoyment of the right to respect for private life and freedom of expression and association".

https://edps.europa.eu/sites/edp/files/publication/16-09-23_...

It's a little unclear to me how this answers the question. Can you connect the dots here?

I don't think not giving you services if you don't opt in violates your "enjoyment of the right to respect for private life..."

Are you saying that you shouldn't be allowed to trade use of your personal information for services?

If not, how does your quote tie in?

> Are you saying that you shouldn't be allowed to trade use of your personal information for services?

I think that's the crux.

That information is to be regarded as part of some inalienable rights, that those who have those rights cannot give up, even if they want to.

Not allowing people to waive their rights prevents a race to the bottom, in theory.

Are you saying that you shouldn't be allowed to trade use of your personal information for services?

That's the principle behind the GDPR, yes.

No. You are still allowed to do that, but you have to explicitly opt-in.
For the same reason we disallow indentured servitude, even if the poor guy would „really“ love to „work“ for the other guy.

For the same reason we disallow duels, even if both parties feel it would be a great way to settle a dispute.

Do you think Google requiring use of my personal info in exchange for free services should be banned for the same reason as duels?

What is that reason exactly? I don't see what the two have in common.

Ordre public (public policy).
So are your norms and morals offended enough to justify banning such a business model that requires opt-in?

Is this the basis of our disagreement?

This is not about my personal norms and morals, but about those of the society I live in.

Unlike some Internet and Silicon Valley types (who always seem to lean ultra-libertarian), I like living in a society. And society has a fabric.

This discussion is a bit like the one about minimum wage. You probably don't like it. Many people ("society") do.