Hence the proliferation of fines for practices prohibited by the regulation. In this sense, on the one hand, this legislation has been in the making for years and, in the long process until it is finally enacted, it was born in a certain way “obsolete”. On the other hand, the systems for capturing user information through cookies have become more sophisticated. They want our data and they know how to get it in this context, the use of various data collection mechanisms is often not up to the level of some legal requirements.
This can be verified when the user receives, for example, behavioral advertising , which occurs when their data has been processed other than for the purpose for which they registered on a web page or registered on a social network page. . In short, in whatsapp number list their interaction with new technologies, users may see their privacy threatened . And the casuistry often overflows the regulatory field, which cannot foresee ex ante each and every one of the practices that collide or violate the right of users to privacy. Precisely, this is the starting point for the court of justice of the european union (cjeu), the jurisdictional
body on which the hermeneutic work rests, to rule on each specific case, completing with its jurisprudence the delimitation and scope of the protection of the right to privacy. How should our consent to tracking by cookies be? For the cjeu, the consent granted by an internet user must be active, that is, it must be the result of a free , clear, specific, informed and unequivocal action. This conclusion is inferred from the pronouncements that, regarding questions about cookies , it has resolved and which are two (cases planet 49 , c-673/17 -grand chamber judgment