The Open Rights Group has responded to the consultation on the "Consent or Pay" business models launched by the Information Commissioner's Office (ICO) in March. In its response, the ORG highlight several reasons why such approaches fail to prove the necessity and proportionality test. The reasons ORG have highlighted include:
- Data processing for behavioural profiling is not necessary to protect a vital interest or pursue a legitimate aim.
- Subjecting individuals to behavioural profiling is unlawful unless individuals freely provide consent.
- The use of "Consent or Pay" models in this context denies users an option to withdraw their consent.
- The existence of "Consent or Pay" models reveals that online service providers fear users would not provide or remove consent were they able to.
- Profiling for advertising purposes exposes individuals to predatory and discriminatory practices along with potential violations of their habeas corpus and fundamental rights.
- Allowing the "Consent or Pay" models for behavioural profiling also exposes legitimate advertisers to unfair competition.
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