this post was submitted on 25 Apr 2024
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Privacy
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This is the exception to prove the rule that the other interests are definitely illegitimate. This is the website telling you that they give away your data for illegitimate purposes.
It's not a surprise. We knew this was true. But seeing it's spelled out like this is a little galling.
Illegitimate: not authorized by the law; not in accordance with accepted standards or rules
The website is basically admitting that they're using your data maliciously, intentionally, by having this distinction.
While you’re right conceptually, this isn’t what the wording means in terms of consent dialogs. Legitimate interest means they can assume, legitimately, that you have an interest in aspects of the site (by you being there) that require X cookies, basically. Ie their product is providing functionality they can assume you’re interested in just by being there, and they’re “pre approving” the tracking/storage for that functionality.
I concur that it’s rubbish and used almost always in a manner that reeks of illegitimacy.
That's not quite what it means. Legitimate interest is a term from the GDPR, and is one of the legal bases on which a company may process your personal data. Essentially the company has a "legitimate interest" (i.e. reasonable purpose) for which your data must be processed.
Typical examples of legitimate interest are: fraud prevention, direct marketing, or ensuring network/information security of their IT infrastructure.
The rest of your comment is essentially correct though. Notably, the examples above are not exhaustive: legitimate interest is fairly vaguely defined. And there is a process in the GDPR to object to your legitimate interest claim. This has resulted in essentially all data collection companies claiming a generic legitimate interest on your data, and it's up to you to object to all of them individually. This undermines the general "you must opt in to tracking" principles of the GDPR, but until privacy agencies of the EU get around to some enforcement that's how it is.