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Rework retaliation text #458

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Rework retaliation text #458

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25 changes: 19 additions & 6 deletions index.html
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Original file line number Diff line number Diff line change
Expand Up @@ -1989,7 +1989,7 @@
<p>
<span class="practicelab" id="principle-minimize-consent-requests">
An [=actor=] should avoid interrupting a [=person=]'s use of a site for
consent requests when an alternative is available.
consent requests when an alternative is available.
</span>
</p>
</div>
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</span>
</div>

Whenever people have the ability to cause an [=actor=] to process less of their [=data=] or to stop
carrying out some given set of data processing that is not essential to the service, they must be
allowed to do so without the [=actor=] retaliating, for instance by artificially removing an
unrelated feature, by decreasing the quality of the service, or by trying to cajole, badger, or
trick the [=person=] into opting back into the [=processing=].
People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
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[=actor=]

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Suggested change
to request that an actor limit the uses of data already shared,
to request that an [=actor=] limit the uses of data already shared,

or that data be deleted.
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[=data=]

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Suggested change
or that data be deleted.
or that [=data=] be deleted.

When a person chooses to deny or withdraw their permission to use their data,
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[=person=]

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Suggested change
When a person chooses to deny or withdraw their permission to use their data,
When a [=person=] chooses to deny or withdraw their permission to use their [=data=],

retaliation is inappropriate.

It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
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[=data=]

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Suggested change
when data that is essential to the operation of a service is withheld.
when [=data=] that is essential to the operation of a service is withheld.

However, it might be retaliation if withholding data
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[=data=]

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Suggested change
However, it might be retaliation if withholding data
However, it might be retaliation if withholding [=data=]

results in actions unrelated to the use of that data.
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[=data=]

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Suggested change
results in actions unrelated to the use of that data.
results in actions unrelated to the use of that [=data=].

Examples of retaliatory behavior include:

* making the process of withdrawing consent more onerous than granting it;

* using threats, badgering, or trickery ([[?dark-patterns]])
to encourage people to reconsider their choice; and,
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I appreciate the wording and adjusted tone. I believe the original text is more direct on this point. Perhaps a reword to "to encourage people to reconsider their choice and opting back into the [=processing=];"

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I dropped that for two reasons:

  1. brevity
  2. because I think that processing (in the general sense as well as the jargon sense) the wrong emphasis, even if that is what all the legal statutes focus on; collection is for me more important

I don't know that either is more or less direct. The original was narrower, which is a form of directness, I suppose.

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Just for context/clarity due to my W3C position, my comment above is a non-blocking suggestion.


* denying access to services that do not depend on use of the data.

## Support Choosing Which Information to Present {#support-choosing-info}

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