[wp-trac] [WordPress Trac] #44736: Comment cookies are completely disabled when "Show comments cookies opt-in checkbox" is not enabled

[WordPress Trac]

#44736: Comment cookies are completely disabled when "Show comments cookies opt-in
checkbox" is not enabled
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 Reporter:  pputzer       |       Owner:  (none)
     Type:  defect (bug)  |      Status:  new
 Priority:  normal        |   Milestone:  5.0.1
Component:  Comments      |     Version:  4.9.8
 Severity:  normal        |  Resolution:
 Keywords:  needs-patch   |     Focuses:  privacy
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Comment (by mirkoschubert):

 I think, it needs a little bit of clarification... I completely agree with
 @ThemeZee on this one (what a surprise), because there are two ways that
 this would be GDPR compliant:

 1. The comment cookies will never be set in the first place.
 2. If comment cookies are used, there should be a user consent - cf.
 Article 6(1)(a) GDPR. That's the checkbox for.

 If the website owner only can choose to set the checkbox or not and the
 cookie would be set anyway, then the possibility of a violation of the
 GDPR is very high. Not everyone knows the GDPR as much as we do.
 In addition, lawyers here in Germany tend to advice, that the user consent
 should be logged with date, time and IP for proofing purposes. :D

 I'm very strict when it comes to privacy by default - and so is the
 European Union. So as a website owner I want to store as little personal
 information about the user as possible. To me, setting a cookie for
 storing information, only that users don't have to type their information
 twice is pretty useless.

 You may be right, the wording of the new setting could be misleading.
 Maybe it should be clarified that the cookie will not be set if there's no
 checkbox. But the outcome should definitely be the same.

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Ticket URL: <https://core.trac.wordpress.org/ticket/44736#comment:17>
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