How exactly does Lemmy remain in compliance with laws regarding, for example, a user’s right to have all data associated with their account deleted (right to erasure, etc), or ensure that it is only kept for a time period reasonable while the user is actively using your services (data protection retention periods, etc)?
It’s not a big deal for me, just strange to think Lemmy of all places would be built to be so anti user’s data rights. The user is ultimately the one that decides what is done with their information/property, after all.
Lemmy is not a singular software or website, every instance on its own need to ensure compliance with their respective laws where they are domiciled.
But if instance A is domiciled in the EU, and the content mirrored to instance B in Zimbabwe, where no right to be forgotten exists, then a user of instance A can’t invoke any laws beyond what the local admin can control.
That’s amazing for high availability of content - it’s essentially mirrored in perpetuity - but a nightmare for privacy advocates. AFAIK there haven’t been any court cases related to deletion requests, so that’s still virgin territory.
Instances located in Zimbabwe still have to comply with the GDPR, as the law applies to any entity that processes EU citizen’s personal data, regardless of where this happens. Instance B would also have to comply with a deletion request, or whatever EU member state the citizen is from will impose a fine and seize assets if necessary.
This is the stupidest claim GDPR makes. It’s completely unenforceable and it’s attempting to enforce EU law in countries outside of the EU, which goes completely against any norms in international relations.
It absolutely is enforceable, and the EU has already enforced it several times.
The EU can of course try to seize assets, but in many cases they have signed a treaty with other countries stating they have the right to enforce the GDPR within their borders. Think a bit in the sense of an extradition treaty. For the US, this is the EU-US Data Privacy Framework for example.
This means the EU absolutely can, will and has the means to enforce the GDPR abroad.
I don’t see how it could be enforced without this. If you are operating internationally, comply or block your service from regions you cannot legally operate in.
Personally I don’t think Lemmy should comply. It’s an ad free community service with zero PII obligation besides an email and whatever IP you choose to connect from. No one has to be on Lemmy for any common social obligations.
If you are operating internationally, comply or block your service from regions you cannot legally operate in.
Couple of problems with this. First, it’s putting the onus on a company that does not operate in Europe to figure out what European law is and to try to comply with it. Why should they have to do that? If you’re not operating in an area, you should not have to ever give any consideration whatsoever to the laws of that area.
The second is that, unless I’m misinformed, the EU claims its law applies to any EU citizen, regardless of location. Which means if a Dutch person moves to Australia and uses Australian companies’ services, the EU says “hey, Australian company, you gotta do what this Dutch person says with their data”. Which is utterly ridiculous.
GDPR does not depend on business size, there are just a few stricter requirements when you have more than 250 employees. But most of the GDPR still applies to my knowledge.
Uhuh, suuureeeee. Tell that to any number of fines that has yearly been issued by my country’s GDPR oversight agency on ordinary citizens.
GDPR only applies when people file reports and when there are lawsuits. There’s literally no shortage of articles of people fined for GDPR violations, all people need to do is search for them.
When someone files the inevitable court case, please let me know. I have some admin behavior bullshit I will be willing to personally get in contact with the lawyers about that I think could help it.
If you think that your company can simply ignore the introduction of the GDPR and continue as before, well, think again. Any company that is found not to be complying with regulations of GDPR can be penalized with heavy fines, or a company may have to suspend or stop processing personal data. In fact, many companies are not yet ready for GDPR because they figure this legislation will not influence their company.
DPR compliance is as important for companies with less than 250 employees as it is for large multi-national corporations. Consequently, many companies have chosen to appoint a Data Protection Officer (DPO) to address to the GDPR requirements or appoint a consultancy company to get their GDPR preparations started before delegating the role to an existing employee. For further information about this option, please refer to our article “Do Small Companies Need to Appoint a DPO under GDPR?”
Not sure how you think individual people can get fined under the GDPR but companies with less than 250 employees can’t. This is just about the only exemption:
Article 30 of GDPR is about a data inventory record and provides one potential exception for Organisations with less than 250 employees. This is a limited exemption which states that Organisations with less than 250 employees may be exempt from maintaining a data Inventory or record of processing activities. This Exemption is a minor exemption and only applies for Organisations with less than 250 employees in certain circumstances where there is no processing that is likely to result in a risk to the rights and freedoms of data subjects, the processing is only occasional, excludes special categories of personal data and personal data related to criminal convictions. The Full text of Article 30 is below. This limited exemption should in no means be interpreted by Organisations with less than 250 employees as an authorisation to ignore overall GDPR Compliance.
… At this point, you realize you are just grasping at straws, right? And ones you are seriously misunderstanding, given your previous less than 250 employees statement.
Doesn’t matter. Lemmy instances are technically “entities” so the law applies to them. You don’t have to be a business, just “anything that processes EU citizen’s personal data”.
GDPR applies regardless of any “business”. It applies to any entity processing personal data.
Which is incredibly broad by the way. IP addresses and email addresses are personal data too. Same goes for “account data” in a broad sense. So Lemmy does collect personal data, and has to be compliant with the GDPR.
Of course, for a fine there needs to be an investigation and the entity has to not comply with GDPR requests after a warning. And you’re absolutely right that devs can’t be sued for this, but the sysadmin running the instance can be. But that would only happen after GDPR noncompliance.
How exactly does Lemmy remain in compliance with laws regarding, for example, a user’s right to have all data associated with their account deleted (right to erasure, etc), or ensure that it is only kept for a time period reasonable while the user is actively using your services (data protection retention periods, etc)?
It’s not a big deal for me, just strange to think Lemmy of all places would be built to be so anti user’s data rights. The user is ultimately the one that decides what is done with their information/property, after all.
Lemmy is not a singular software or website, every instance on its own need to ensure compliance with their respective laws where they are domiciled.
But if instance A is domiciled in the EU, and the content mirrored to instance B in Zimbabwe, where no right to be forgotten exists, then a user of instance A can’t invoke any laws beyond what the local admin can control.
That’s amazing for high availability of content - it’s essentially mirrored in perpetuity - but a nightmare for privacy advocates. AFAIK there haven’t been any court cases related to deletion requests, so that’s still virgin territory.
Instances located in Zimbabwe still have to comply with the GDPR, as the law applies to any entity that processes EU citizen’s personal data, regardless of where this happens. Instance B would also have to comply with a deletion request, or whatever EU member state the citizen is from will impose a fine and seize assets if necessary.
This is the stupidest claim GDPR makes. It’s completely unenforceable and it’s attempting to enforce EU law in countries outside of the EU, which goes completely against any norms in international relations.
It absolutely is enforceable, and the EU has already enforced it several times.
The EU can of course try to seize assets, but in many cases they have signed a treaty with other countries stating they have the right to enforce the GDPR within their borders. Think a bit in the sense of an extradition treaty. For the US, this is the EU-US Data Privacy Framework for example.
This means the EU absolutely can, will and has the means to enforce the GDPR abroad.
I don’t see how it could be enforced without this. If you are operating internationally, comply or block your service from regions you cannot legally operate in.
Personally I don’t think Lemmy should comply. It’s an ad free community service with zero PII obligation besides an email and whatever IP you choose to connect from. No one has to be on Lemmy for any common social obligations.
If you want to be forgotten then leave!
Couple of problems with this. First, it’s putting the onus on a company that does not operate in Europe to figure out what European law is and to try to comply with it. Why should they have to do that? If you’re not operating in an area, you should not have to ever give any consideration whatsoever to the laws of that area.
The second is that, unless I’m misinformed, the EU claims its law applies to any EU citizen, regardless of location. Which means if a Dutch person moves to Australia and uses Australian companies’ services, the EU says “hey, Australian company, you gotta do what this Dutch person says with their data”. Which is utterly ridiculous.
redacted
GDPR does not depend on business size, there are just a few stricter requirements when you have more than 250 employees. But most of the GDPR still applies to my knowledge.
suck my balls
Uhuh, suuureeeee. Tell that to any number of fines that has yearly been issued by my country’s GDPR oversight agency on ordinary citizens.
GDPR only applies when people file reports and when there are lawsuits. There’s literally no shortage of articles of people fined for GDPR violations, all people need to do is search for them.
When someone files the inevitable court case, please let me know. I have some admin behavior bullshit I will be willing to personally get in contact with the lawyers about that I think could help it.
deleted by creator
You confuse things. Just read: https://www.compliancejunction.com/gdpr-guideline-for-companies-with-less-than-250-employees/
Not sure how you think individual people can get fined under the GDPR but companies with less than 250 employees can’t. This is just about the only exemption:
suck my balls
… At this point, you realize you are just grasping at straws, right? And ones you are seriously misunderstanding, given your previous less than 250 employees statement.
It’s not much, but I would advice you to read the second answer here, https://law.stackexchange.com/questions/29052/do-web-applications-as-hobby-projects-need-to-comply-with-the-gdpr , and seriously think about whether a site with many more users and much more personal data, specially those receiving revenue streams in the form of donations and with a team made up of more than one person https://team.lemmy.world/ , would be more or less likely to be accountable to the GDPR under a court of law than a personal blog.
Ruud should probably be getting in contact with https://autoriteitpersoonsgegevens.nl/contact/informatie-en-meldpunt-privacy-imp or on the telephone Monday to Thursday from 10 a.m. to 12 noon on 088-1805250 if he hasn’t already.
Doesn’t matter. Lemmy instances are technically “entities” so the law applies to them. You don’t have to be a business, just “anything that processes EU citizen’s personal data”.
Actually I believe it’s “residents”. You don’t need to be a citizen.
It’s both indeed, citizens as well as residents.
suck my balls
GDPR applies regardless of any “business”. It applies to any entity processing personal data.
Which is incredibly broad by the way. IP addresses and email addresses are personal data too. Same goes for “account data” in a broad sense. So Lemmy does collect personal data, and has to be compliant with the GDPR.
Of course, for a fine there needs to be an investigation and the entity has to not comply with GDPR requests after a warning. And you’re absolutely right that devs can’t be sued for this, but the sysadmin running the instance can be. But that would only happen after GDPR noncompliance.
deleted by creator
Because Federation is a terrible idea
But think of Reddit, they can delete a post but a bunch of archived websites will still have it. That doesn’t make Reddit non-compliant