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Datatilsynet figured Article 9 doesn’t need disclosure regarding the facts topic’s certain sexual positioning

Datatilsynet figured Article 9 doesn’t need disclosure regarding the facts topic’s certain sexual positioning

Revealing individual data alongside Grindr’s application term or application ID is equivalent to revealing data regarding a person’s intimate positioning placing Grindr in the requirements of post 9

Under post 9 of the GDPR, in order to legally processes unique kinds of information, the controller must fulfil among the many exemptions of Article 9(2) besides having good permission pursuant to post 6(1). Of importance in this instance were the exemptions of specific consent as well as information topics manifestly deciding to make the private information people.

Datatilsynet further figured info that a data matter was a Grindr consumer was data a€?concerninga€? the data subject’s intimate direction within context of post 9

Within the investigation Datatilsynet learned that OpenX, Grindr’s processor, taken the explanation of Grindr’s application through the online store and connected keyword phrases such as for example a€?gaya€?, a€?bia€?, a€?transa€? and a€?queera€? to offer phone calls. These keyword phrases were not created or shared by Grindr to OpenX, they certainly were produced of the OpenX program developing package (SDK). While Datatilsynet consented the keywords and phrases discussed on different sexual orientations tend to be basic and described the software, maybe not a specific information subject, Datatilsynet concluded that the sharing of private data alongside the app title, software ID or perhaps the keyword phrases explaining the application qualifies as sharing data regarding an individual’s sexual orientation.