[wp-trac] [WordPress Trac] #44043: Framework for logging/retrieving a users consent state

[WordPress Trac]

#44043: Framework for logging/retrieving a users consent state
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 Reporter:  cookiebot               |       Owner:  (none)
     Type:  enhancement             |      Status:  new
 Priority:  normal                  |   Milestone:  Awaiting Review
Component:  Privacy                 |     Version:  trunk
 Severity:  normal                  |  Resolution:
 Keywords:  gdpr 2nd-opinion close  |     Focuses:
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Comment (by gisle):

 @cookiebot wrote:
 > First of all, in order for all of this to make sense, we would have to
 agree on one thing; with the new GDPR rules,

 My disagreement starts here.  There are no ''new'' GDPR rules about
 //cookies//.  After the GDPR becomes law, the use of cookies will
 ''still'' be regulated by Directive 2002/58/EC (which, unlike directive
 95/46/EC, will ''not'' been revoked when the GDPR becomes law).

 For the record: GDPR only mentions cookies ''once'' (Recital 30).  There
 are no "rules" (new or old) about cookies in the GDPR.  I do not
 understand why you ''keep'' perpetuating the falsehood that our handling
 of cookies must //change// because of the GDPR.

 > website visitors must give prior consent

 No! This is also wrong.  Please re-read Directive 95/46/EC says this
 (Recital 25). It says:

 > Users should have the opportunity to refuse to have a cookie or similar
 device stored on their terminal equipment

 "Opportunity to refuse" is *not* the same as "prior consent".

 > to specific types of cookies, such as online trackers for marketing
 purposes.

 I am also unable to locate any specific requirement for "online trackers
 for marketing purposes" in any reputable legal literature I have reviewed.
 Where does this specific requirement come from?

 However, I've noticed that you frequently refer to various categories of
 cookies ("necessary, preference, statistics, marketing").  I know the
 legal basis and definition of the "necessary" category (i.e. its legal
 basis is Directive 95/46/EC Article 5(3))  But where does the rest of
 these strange categories come from?

 > Do you agree with this @gisle,

 No. I am really sorry. It just seems I am unable to agree to a single
 thing that you say.

 I have tried hard to see if the "Cookiebot-approach" to consent produces
 //any// advantage or functionality that someone who controls a web site
 should want or could use - and I just don't see it.  Again: Sorry.

 I understand from a comment 19 that your plugin is very popular and is
 used by many companies, including some very large enterprises. I am happy
 for you! However, I always evaluate software solutions independent of
 their popularity.

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Ticket URL: <https://core.trac.wordpress.org/ticket/44043#comment:23>
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