A synthesis of the two is needed perhaps?
He's making a listHe's checking it twice
He's gonna find out who's naughty or nice
Santa Claus is in contravention of article 4 of the General Data Protection Regulation (EU) 2016/679
He has a legitimate interest if you're sleeping,
He knows if you're awake
He knows if you've been bad or good,
And his privacy policy determines the next action he'll take
...
So you'd better watch out.
You'd better not cry.
You cannot opt-out,
I'm telling you why.
Santa Claus has a legitimate interest in maintaining data on you and does not need to use the consent model of the GDPR.
[sorry about the scanning.]