Hi Peter_Watt,
Thanks for posting the EU Handbook. The main thrust of my argument is that there is a lack of consent. Essentially, Apple is telling the users that there is no option to ICloud if they wish to sync their contacts/calendars across devices & internal networks.
The operative definitions of 'consent' are outlined in para 2.4 of the Handbook (p.56-57). Note the specific reference in 2.4.1 - 'the data subject must have been under no pressure when consenting.'
I believe that Apple's not providing options (for internal USB or wifi sync) tantamounts to 'pressure.' Apple's attitude seems to be 'take it or leave it.' This has caused serious conerns amongst small and medium sized business across Europe and the matter is being referred to the Members of European Parliament in Brussels as well by concerned lobby groups.
- Consent as a legal basis for processing personal data must be free, informed and specific.
- Consent must have been given unambiguously. Consent may either be given explicitly or implied by acting in a way which leaves no doubt that the data subject agrees to the processing of his or her data.
- Processing sensitive data on the basis of consent requires explicit consent.
- Consent can be withdrawn at any time.
Consent means “any freely given specific and informed indication of the data subject’s wishes.”97 It is, in numerous cases, the legal basis for legitimate data processing (see Section 4.1).
97 Data Protection Directive, Art. 2 (h).
56
2.4.1. The elements of valid consent
EU law sets out three elements for consent to be valid, which aim to guarantee that data subjects truly meant to agree to the use of their data:
- the data subject must have been under no pressure when consenting;
- the data subject must have been duly informed about the object and consequences of consenting; and
- the scope of consent must be reasonably concrete.