Datatilsynet concluded that post 9 doesn’t need disclosure from the data subject matter’s certain sexual direction

Sharing private information alongside Grindr’s app term or app ID is the same as sharing facts concerning your sexual positioning placing Grindr around the requisite of post 9

Under post 9 of this GDPR, being legally plan unique types of data, the control must fulfil among the many exemptions of Article 9(2) as well as having valid permission pursuant to post 6(1). Of relevance in this situation are the exemptions of explicit permission as well as information subject areas manifestly making the personal data general public.

Datatilsynet more figured facts that a data subject matter are a Grindr user try information a€?concerninga€? the info subject matter’s sexual positioning around the perspective of Article 9

Within the study Datatilsynet discovered that OpenX, Grindr’s processor, removed the classification of Grindr’s application through the online shop and attached keywords and phrases such as a€?gaya€?, a€?bia€?, a€?transa€? and a€?queera€? to advertising telephone calls. These keywords and phrases weren’t generated or contributed by Grindr to OpenX, they were created of the OpenX computer software development equipment (SDK). While Datatilsynet concurred your keywords provided on different intimate orientations tend to be general and defined the app, maybe not a certain facts matter, Datatilsynet concluded that the posting of private facts alongside the app name, app ID and/or key words explaining the software qualifies as sharing facts regarding an individual’s intimate orientation. The Datatilsynet reasoned that Grindr is not intended to be employed by cis people looking to communicate with cis lady and vice versa; Grindr clearly targets facts issues belonging to a sexual fraction through the advertising; market understanding is becoming a Grindr user suggests that the data subject is assigned to a sexual minority; and this the disclosure of data on a data subject alongside the fact the data matter try a person of Grindr, or perhaps the keyword phrases, firmly indicates on recipient that the data subject matter is assigned to a sexual minority.

Grindr contended it wouldn’t display information concerning a user’s sexual orientation and therefore the fact that a data subject was a Grindr consumer will not qualify as information with regards to your sexual orientation

Grindr’s debate that advertising tech organizations has developed blinding solutions to obfuscate which app the advertisement call is coming from, and this members inside the offer technology environment probably only obtain a a€?blindeda€? application ID and not the corresponding software label to make sure that downstream bidders are blind on the real name regarding the app in which the ad will be supported is refused by Datatilsynet. Controllers cannot rely on the action of marketing couples or other individuals from inside the advertising tech environment to prevent the sharing of information. No matter, Datatilsynet got a Mnemonic technical document from NCC which showed that the Grindr software label is contributed to Twitter’s MoPub, just who furthermore shared this of their network, plus the application title was also contributed from Grindr to multi various other marketing and advertising lovers. Additionally, even if the software title or software ID ended up being really dazzled, the individual could nonetheless see key words concerning the Grindr application, as confirmed by OpenX appending keyword phrases in ad calls.

Grindr also debated that when it is a person of Grindr, the info subject possess manifestly produced facts with regards to their own sexual direction community. Datatilsynet disagreed discovering that there’s a definite distinction between generating suggestions offered to a residential area of friends about Grindr platform and deciding to make the records accessible to anyone.

As Grindr was discover to possess compiled incorrect consents under Article 6(1), the sharing of any unique categories of facts ended up being illegal regardless of post 9.