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There are many protected categories.

You cannot discriminate based on race, for example.

A major point of GDPR is that it basically made "do you agree to tracking? yes/no" a protected category as well.

Specifically, it requires freely given consent to allow tracking. Freely given consent is defined by the GDPR as consent that was given without any discrimination, rejection of service, or extortion in any way influencing your choice.

So no, you absolutely cannot discriminate based on whether users agreed to tracking or not.



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