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Submission + - Ask Slashdot: Is It Even Legal For Websites To Gather And Sell User's Data? 4

dryriver writes: Lets say that I follow a person named John D. around for days without permission, make note of what John D. does and buys where with timestamps accurate to the second without John D. knowing it is happening, analyze what kind of personality traits John D. has, enter that data into an electronic database where it is stored forever, and also make the data purchaseable to any 3rd party who is interested. Would I be breaking the law if John D. has not given me explicit permission to do this? Very likely. If this is the case for "meatspace data gathering", how can websites justify gathering information about visitors, and selling that information to 3rd parties? I don't see any websites opening with a "caution — we track everything you do here and sell what we learn about you to 3rd parties" warning message.
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Ask Slashdot: Is It Even Legal For Websites To Gather And Sell User's Data?

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  • I'm guessing you live in the US because if you were living in Europe you would have seen GDPR consent requests asking if you will allow them to do this kind of tracking. Might be worth specifying jurisdiction because what you describe isn't legal in the EU but probably is in the US.

  • If John D. is walking around in public, and conducting businesses on property that is open to the public, then he has no legal expectation of privacy in his activities. It is perfectly legal to follow someone around and keep track of their actions, and to sell that data to the highest bidder.

    • The OP must have gone to the Dunning-Kruger School of Law. Citizens' actions in public are *public* and fair game.
    • John D doesn't even have to be on public property; all that matters is that the observer is on public property. If you can see it from a public space then you can photograph it, document it, etc. That's how paparazzi get away with photographing celebrities over fences, etc. If you have a 20' fence and I put a 30' ladder on public land next to the fence, I am allowed to look over.

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