[wp-meta] [Making WordPress.org] #7736: Google Tag Manager is called without consent

[Making WordPress.org]

#7736: Google Tag Manager is called without consent
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 Reporter:  psmits1567          |       Owner:  (none)
     Type:  defect (bug)        |      Status:  new
 Priority:  high                |   Milestone:
Component:  WordPress.org Site  |  Resolution:
 Keywords:                      |
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Comment (by vikingtechguy):

 Dear @nilovelez

 Thank you for your input. However, it’s important to clarify that while
 "legitimate interest" is indeed a valid legal basis for processing
 personal data under GDPR, it does not eliminate the need for explicit
 consent in all circumstances, especially when it comes to processing
 activities that significantly impact individuals' rights and freedoms.

 The legitimate interest basis allows organizations to process personal
 data without consent only if:

 The processing is necessary for a legitimate interest pursued by the
 organization.
 The processing does not override the rights and freedoms of the data
 subjects.
 This means that even if an organization relies on legitimate interest, it
 must still assess and ensure that the processing does not infringe on the
 individual's privacy rights. Furthermore, for activities such as tracking
 technologies (cookies, pixels, etc.), Article 5(3) of the ePrivacy
 Directive specifically requires obtaining explicit consent before storing
 or accessing information on a user's device​​​.

 The need for explicit consent is particularly stringent in the context of
 electronic communications and online tracking, where the ePrivacy
 Directive complements GDPR by providing additional requirements.

 In summary, while legitimate interest is a valid legal ground for certain
 types of data processing, it does not universally override the need for
 explicit consent, particularly in areas like online tracking and data
 processing that significantly affect user privacy.

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Ticket URL: <https://meta.trac.wordpress.org/ticket/7736#comment:9>
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