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mate you are missing the point, if you have a photo editing app and you ask for consent to edit a photo, that's not consent to also use the photo to do something else with it
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The "something else" in this metaphor is "suggest to the user they might want to edit a photo."
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It's not, Facebook processes the photos on their end and now also apparently feeds it to generative models to offer something (don't remember what exactly, managed to avoid this). At least that's what some options said last time I went exploring the app's settings page.
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This case was not about generative models at all.
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Well then the next one might be. What I'm saying is that, per my recent memory, the options in Facebook settings menu around camera roll suggestions don't, in any way, even suggest the processing might be happening on-device only.
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no, the "something else" was sending far more photos to their servers than the one they were, in the methaphor, "editing".
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No. The Italians are not accusing Meta of sending the photos in question to their servers -- just suggesting to users they might want to upload them.
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so you're saying it's ok and consensual if I asked to get a drink from your fridge, and just ate all your food as well?
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I'm saying, if you're going to my fridge, it's ok to ask me if I want a drink too.
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> I mean, this is kind of nuts. Should they ask consent every time you click to navigate to a new page, just in case you didn't want to see it? What level of granularity is acceptable?

I think your comment is obtuse and that you did not actually try to understand what the GDPR is saying but anyway: no, it doesn't concern itself about that dimension at all. There would on the other hand need to be new informed consent from the user before their data can be shared with new parties or used/transmitted/processed/stored for new purposes or extended time/space scopes.

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The data was not transmitted/processed/stored in this case! Privacy was not in any way impacted. So the question remains, how granular is a "new" use? Do you need to individually consent for every photo you take? Is it even possible for Europeans to consent to a class of actions? What scope is permissible and what isn't? These are seemingly unanswered questions.
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GDPR advocates always assume that their own interpretation of the law is aligned with the court, but obviously we don't know that's the case until after the trial
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