In keeping with recent case law, the answer was clearly yes or more accurately: Fashion ID can be a controller; the actual decision is for the referring court.
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And Fashion ID does this to optimise publicity for its goods, i. So it can suitably be characterised as a controller. The second point to note is that both Facebook and Fashion ID were controllers here. So, where this transmission of data to Facebook is based on legitimate interests, both of those controllers needed to have the requisite interests. Thirdly, it is by now well-established that, where there is more than one controller, they need not necessarily have equal responsibilities. Here, Fashion ID was not a controller for processing operations that preceded or were subsequent to the act of transmission to Facebook.
It was only a controller for the transmission itself. So, to the extent it needed consent, that consent was required for that processing operation — and its transparency obligations were likewise confined.
So, as I say, hardly breaking news here: an early summer judgment, and very familiar principles. But the case is yet another illustration of this subtle and often difficult aspect of data protection law: how to calibrate data protection duties according to the processing operations for which a controller bears responsibility? This entry was posted on Thursday, September 5th, at pm and is filed under Information law.
You can follow any responses to this entry through the RSS 2. We live in a society built on the constructs of moving a million miles per second, in which free time is a foreign word. Being fashionably late is traditionally applied to one's attendance of a party or event, for one can imagine Marilyn Monroe swooping in an hour late just to make her grand entrance, or rather, three days late to one of her own rehearsals.
However, the term "fashionably late" has now expanded to envelope more than a minute tardiness to a dinner, but instead into every aspect of our chaotic lives from blowouts to coffees with a friend.
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We get so caught up in our daily business that we stop planning ahead. Trains are late, we can't prevent that, nor can we prevent lunchtime or end of day traffic. We swoop in apologizing for our tardiness or sometimes we don't, but instead we just show up and plop down too consumed in our own worlds to offer up an excuse.
What we don't realize is though we often feel the weight of our chaotic lives, so too does everyone else around us.
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Instead we offer up excuses or accept the minute leniency "fashionably late" allows. But, how long is actually fashionable?
When did it become acceptable, no matter what the scenario, to make someone else wait on our behalf? The answer is it hasn't.
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The question shouldn't be about the length of time, but rather about the reason we do it. We try to be fashionable in every aspect of our lives and we feel truly great when we know we look it.
What we neglect amid our busy days is to extend that style into other parts of our lives. We obviously can't control some circumstances, but we can plan for most them.