[wp-trac] [WordPress Trac] #59445: Emoji Caching could violate GDPR / CCPA

[WordPress Trac]

#59445: Emoji Caching could violate GDPR / CCPA
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 Reporter:  antmg         |       Owner:  (none)
     Type:  defect (bug)  |      Status:  new
 Priority:  normal        |   Milestone:  6.4
Component:  Emoji         |     Version:  6.3
 Severity:  major         |  Resolution:
 Keywords:  close         |     Focuses:  performance, privacy
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Comment (by antmg):

 Replying to [comment:14 jorbin]:
 > In the face of lack of a lawyer able to interpret all the relevant laws
 for each and every country, I'd assume that this performance feature
 doesn't impact user privacy.
 >
 > I suggest that it is closed as `wontfix`

 Thanks for the humour, I guess? My meaning was if unsure of anything you
 should take the cautious route especially if the consequences of a
 misjudgement can be significant. I'm actually trying to help protect
 WordPress and its users from a (potentially) costly oversight. Perhaps
 it's an abundance of caution,  Safe(r) **defaults** are simply good
 practice harm no-one.

 I've attached the Information Commisioner's Office flow chart for
 assessing if you should be getting consent and if you should be protecting
 the data. Source: https://ico.org.uk/for-organisations/direct-marketing-
 and-privacy-and-electronic-communications/guide-to-pecr/guidance-on-the-
 use-of-cookies-and-similar-technologies/how-do-the-cookie-rules-relate-to-
 the-gdpr/

 Following the chart with the answers:-

 Are you using cookies or similar data: yes
 Is the cookie STRICTLY necessary for the transmission of the communication
 - no

 We get to **consent _IS_ required** (plus PECR and Regulation 6 applies)

 Following further we see that as there is no personal data involved we
 don't need to take steps to protect that data / handle it according to the
 GDPR.

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Ticket URL: <https://core.trac.wordpress.org/ticket/59445#comment:15>
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