The DPA notes that those cases are ongoing.įollowing the NCC report in January 2020, Twitter told us it had suspended Grindr’s MoPub account while it investigated the “sufficiency” of its consent mechanism. Grindr sold by Chinese owner after US raised national security concernsĪfter its report last year, the NCC also filed complaints against five of the third parties who it found to be receiving data from Grindr: MoPub (owned by Twitter), Xandr (formerly known as AppNexus), OpenX Software, AdColony, and Smaato. “We have not to date assessed whether the subsequent changes comply with the GDPR,” the Datatilsynet adds. Grindr, meanwhile, changed how it obtains consent in April 2020 - and the proposed sanction deals with how it was handling this prior to then, from May 2018, when the GDPR came into force. For tech giants that have have set up a regional base in Ireland, and made an Irish entity legally responsible for processing EU citizens’ data, GDPR’s one-stop-shop mechanism has led to considerable delays in complaint enforcement. The decision could have wider significance as a similar ‘forced consent’ complaint against Facebook is still open on the desk of Ireland’s data protection watchdog - despite being filed back in May 2018. The agency found that users of Grindr were forced to accept the privacy policy in its entirety - and were not asked if they wanted to consent with the sharing of their data to third parties.
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Business models where users are pressured into giving consent, and where they are not properly informed about what they are consenting to, are not compliant with the law.” “Users were not able to exercise real and effective control over the sharing of their data.
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“The Norwegian Data Protection Authority considers that this is a serious case,” added Thon. Additionally, we believe that the fact that someone is a Grindr user speaks to their sexual orientation, and therefore this constitutes special category data that merit particular protection,” it writes in a press release. “Our preliminary conclusion is that Grindr needs consent to share these personal data and that Grindr’s consents were not valid.
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The Datatilsynet found that Grindr had failed to meet this standard.Īdditionally, it said sexual orientation could be inferred by a user’s presence on Grindr and such sensitive ‘special category’ data carries an even higher standard of explicit consent before it can be shared (which, again, the Datatilsynet said Grindr failed to get from users). However there are a set of clear standards for consent to be legal - meaning it must be informed, specific and freely given. Under the GDPR, an app users’ personal data may be legally shared if you obtain their consent to do so. And the Council went on to file a complaint against the app with the national DPA, claiming unlawful sharing of users’ personal data with third parties for marketing purposes - including GPS location, user profile data, and the fact the user in question is on Grindr.ĭating and fertility apps among those snitching to ‘out of control’ ad tech, report finds
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Grindr was one of the apps featured in the NCC report. It found the majority of apps transmitted data to “unexpected third parties”, with users not clearly informed how their information was being used. Last year a report by Norway’s Consumer Council (NCC) delved into the data sharing practices of a number of popular apps in categories such as dating and fertility. It is imperative that such practices cease.” An important objective of the GDPR is precisely to prevent take-it-or-leave-it ‘consents’. Our view is that these people have had their personal data shared unlawfully. “Grindr has 13.7 million active users, of which thousands reside in Norway. “We have notified Grindr that we intend to impose a fine of high magnitude as our findings suggest grave violations of the GDPR,” said Bjørn Erik Thon, DG of the agency, in a statement.