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In EU it's very illegal. You can't tie consent to use personal data which isn't absolutely necessary to provide the service. If it wasn't car companies (pet EU regulators industry) we would be talking about billions in fines already.


It is possible; maybe you are mistaking it for other legal basis such as legitimate interest. Or maybe I get this wrong?

But you are right that this is illegal, because just sitting in a car is not a “specific, informed and unambiguous indication of the data subject's wishes”, which mandatory for consent (GDPR article 4(11)). Neither it is “transparent” (GDPR article 6(1)a).


Even if you can justify something with legitimate interest, which is a huge if, the data subject must be informed and have the option to object.




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