alt Hacker NewsNo, the consent was given, recorded, and never acted upon. It had no expiration date. Many of those people are still using the app today.
Replies
AlexandrB • yesterday at 4:28 PM
Most consent doesn't work like this in people's minds (never mind what you "recorded"). I'd be furious and immediately flag as spam and review the app 1 star (if possible) for good measure.
> It had no expiration date
- non-legally speaking, consent for anything is never illimited in time. So whatever the law says, you're probably doing a dick move, I'm sure you can conceive that most people you're going to email would rather not get this email and you're planning to do it anyway. So if you act against these people's interest, don't be surprised if they react negatively (reporting the email as spam, complaining, reporting you to authorities)
- legally speaking... IANAL, but I don't think that you're correct that you have a legal basis to have kept this data, and even less to use it for marketing purposes. I don't think that you'd win the argument that the consent is still "informed" after many years of not hearing from you. If a reasonable person would no longer expect to hear from this company, then I don't think you still have consent under GDPR (could be wrong, IANAL)