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Scarpines

Another one caught out by the CCleaner browser auto opt-in

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As the title suggests, CCleaner was installed unknowingly and without my consent. Yes you might say that it was shown on the initial install box but mine went straight to install for whatever reason. 

Nonetheless, I'm concerned about the fact that Piriform have the box pre-ticked which is out of kilter with the GDPR since it's a form of marketing. 

I also noticed on sign up of the forum, the option to receive news and updates is pre-ticked which is another no no under the GDPR. 

Please can a moderator or one of the admin provide me with the address for the legal team? If I've not heard anything back by close of tomorrow, I'll assume it's the London registered office address.

Thank you

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10 hours ago, Scarpines said:

As the title suggests, CCleaner was installed unknowingly and without my consent. Yes you might say that it was shown on the initial install box but mine went straight to install for whatever reason. 

Nonetheless, I'm concerned about the fact that Piriform have the box pre-ticked which is out of kilter with the GDPR since it's a form of marketing. 

I also noticed on sign up of the forum, the option to receive news and updates is pre-ticked which is another no no under the GDPR. 

Please can a moderator or one of the admin provide me with the address for the legal team? If I've not heard anything back by close of tomorrow, I'll assume it's the London registered office address.

Thank you

From your description it sounds like you missed the installation offer screen - which has been there in one form or another since 2010.

Although we do get reports of customers telling us that they did not see an offer screen, this is usually because no offer was made.  Reports of installer errors where no offer appears but an offered installation still occurs are extremely rare - if this happened to you it would be a bug, and your assistance would be appreciated in helping us diagnose what happened to prevent it happening in the future.

Feel free to send a letter to the London office.  Note, however, that with regards to the product installer, GDPR relates to the collection, storage and use of personal information - which does not apply here.

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Hello Dave

Thanks for the reply, I'm not sure what happened with me missing the initial installation screen but either way, I was not best pleased when I had realised what happened.

On the GDPR point, you're quite right that the GDPR is concerned with the processing of personal data, however, the Privacy and Electronic Communications Regulations covers direct marketing which requires consent for any electronic marketing. Historically, there was no definition of consent in the PECR but instead referred to the ePrivacy Directive which in turn referred to the Data Protection Directive. When the the GDPR came into force, it revoked the Data Protection Directive and confirmed that all references to the Directive were now references to the GDPR. 

Therefore, consent under PECR is now based on the GDPR consent, meaning that it must be given freely and a positive action must be taken thus the automatic opt-in is not compliant. Regardless, the requirement to obtain GDPR consent under PECR was formally introduced in March earlier this year and explicitly states this in Regulation 2.

Finally, the GDPR also confirms that a person suffering damage (inc. non-material damage) where one is required to comply with the GDPR but under some other legislation (in this case PECR), that person is entitled to compensation. 

In my view, by automatically opting in users to install CCleaner Browser without consent at the GDPR standard is unlawful - or at least I'm prepared to test that theory.

Given the fact that you admit no personal data or details are collected, Piriform cannot rely on the soft opt-in either.

I'll be in touch in due course with a letter to your london office and we'll see where it goes.

 

Edited by Scarpines

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