[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):

 Replying to [comment:18 pputzer]:
 > Replying to [comment:17 mirkoschubert]:
 > > 2. If comment cookies are used, there should be a user consent - cf.
 Article 6(1)(a) GDPR. That's the checkbox for.
 >
 > It could be argued that they are technically necessary for a part of the
 comment functionality and therefore covered under 6(1)(b). I'm not sure I
 agree with this argument, but I'd like to highlight that "consent" might
 not be the only reasonable lawful basis for data processing in this case.

 Yes, you are right, there are more than one reasons for justification
 under Art. 6(1) GDPR. But 6(1)(b) requires a contract to be involved
 somehow. And a comment has nothing to do with any contract. ;) In
 addition, a technical necessity isn't given in this case. The commenter
 can obviously live without saving his data for the next time. It's
 convenient, not necessary. And if he (and the website owner) want this
 kind of behaviour, he can register as a subscriber in WordPress.

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Ticket URL: <https://core.trac.wordpress.org/ticket/44736#comment:19>
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