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Ask HN: Will my comments/topics on HN be deletable under the GDPR law?
Right now we can't delete anything.
- cjbprime 9y agoThe law isn't in effect yet. But when it is, being able to delete comments by emailing the admins and asking for them to be deleted sounds like it would be in compliance with the law. I don't know any specifics, but I expect they would probably do that for you anyway, before the law, too.
- unicornporn 9y ago> The law isn't in effect yet. Sort of, kind of. http://dbsdata.co.uk/blog/gdpr-2018-deadline-red-herring/ http://dbsdata.co.uk/blog/gdpr-2018-deadline-red-herring/
- trevyn 9y agoSo what’s the deal with jurisdiction? YC is a US entity and GDPR is an EU law.
- jakeogh 9y agoThere is none. Unless YC has EU assets, they could go after those.
- huddo121 9y agoMy understanding of it is that HN/YCombinator would also have to be targeting EU customers directly, such as by offering the service in EU languages (english probably wouldn't count) or offering prices in EU currencies.
- jakeogh 9y agoNot trying to argue, I don't know the GDPR details, maybe it's written that way, but that wouldn't matter. EU law does not apply to US corporations or citizens unless they are in the EU or are concerned about getting assets taken that are in the EU.
- zaarn 9y agoEU laws can totally apply to US corporations or citizens. It may not be enforceable however. (The US has a good history of applying their laws on non-US citizens, just check who has been sued over copyright violations)
- jakeogh 9y agoHard to say it applies of it's not enforceable. That's re-defining apply to meaninglessness. It's also a window into the argument that there's no attempt to make "global gov" via subversion of national sovereignty.
- zaarn 9y agoIt's not entirely meaningless. If the law applies that means a corporation could get into hot water if customers or vendors in the EU don't want or can't trade with them anymore. The law applies to them in the sense that if they don't follow it, they face negative repercussions. It is not enforceable by the EU directly since they aren't in their jurisdiction. Application and Enforcement of Law are, atleast IMO, separate things. It's an implication relationship of Enforcement->Application. Application alone does not mean it is enforced but enforcement means it's applied. Difference being that if the law applies then the EU might want to enforce but lacks the teeth to. They would if they could.
- jakeogh 9y agoTrue. It's a nice demonstration of why capitalistic markets and sovereign countries are good things. If a company I do business with is subverting my rights (in this case the ability to even remember something), I'll gleefully stop using them. Astroturf corps are salivating at the possibilities.
- zaarn 9y agoThe problem usually starts to occur when the company that starts subverting your rights is too monopolistic on a market with either a high barrier to entry or a strong networking effect (CPU/GPU vendors and social networks). In this case choosing another vendor may not be easy (find a GPU that isn't AMD/NVidia/Matrox and that works with most games or find a social network that allows the same reach as facebook or find a video sharing site with the same ad revenue and reach as youtube)
- cjbprime 9y agoOr placing Google Ads that promote HN targeted in European countries, which seems like a more plausible situation.
- kiliankoe 9y agoIt applies to all EU citizens, no matter where your operations are based. It would make sense though for most companies to just treat everybody as an EU citizen for GDPR. Unless apparently you're Facebook and don't want to...
- trevyn 9y agoOk, so I’m a US entity without EU presence and I violate EU law. Explain how this would impact me?
- cjbprime 9y agoMaybe they can't enforce against you now, but maybe you have investors and they balk at an EU judgement against you, or maybe you plan to one day expand to the EU and now you can't.
- dyu 9y agoMaybe something like Privacy Shield[0]. Granted, if you were not in US or EU, then it may be harder. [0] https://www.privacyshield.gov https://www.privacyshield.gov
- singularity2001 9y agowe will try to extradite you and you will have to seek asylum in an Ecuadorian embassy.
- unicornporn 9y ago> without EU presence If you offer no services that will be used by citizens of the EU, you can just carry on.
- venning 9y agoQuestions I've had about this: How does the allowance of comment/submission deletion affect HN being perceived as a "permanent record"? I've always found this aspect of HN to be important to me. If comments can be deleted selectively, what effect does that have on the permanent record? How many users would be tempted to write something they don't want recorded permanently simply to judge responses before they delete the comment later? (As opposed to requiring that all comments for a user be deleted together, which would likely discourage deletion to remove specific comments.) Would this give rise to third-party "comment recovery" services that scrape something like archive.org (assuming it is less affected by the GDPR) or maintain their own records to piece together comment threads with deleted comments? Similar to services that archive tweets that might get deleted.
- krapp 9y ago>How does the allowance of comment/submission deletion affect HN being perceived as a "permanent record"? Has Hacker News ever presented itself as a service that maintains permanent records for archival sake, or merely one that chooses not to delete comments? I don't think they have an obligation to serve a purpose they never intended to serve. >How many users would be tempted to write something they don't want recorded permanently simply to judge responses before they delete the comment later? Users do that now - there is an edit and delete window for comments, it just has a limit. >Would this give rise to third-party "comment recovery" services that scrape something like archive.org (assuming it is less affected by the GDPR) or maintain their own records to piece together comment threads with deleted comments? Probably, such services exist for imageboards.
- dyu 9y agoHN may cite legitimate business interest and not oblige in deletion. A more extreme example can be that when you perform a deletion, do you also deep delete from logs and backups of logs? What if you need to keep them for audit and forensic purposes? Edit: citing legitimate business interest does not necessarily mean it will succeed. Courts will have the final say. EU likely will not enforce smaller entities so soon. We may need to see a few court decisions or better guidelines before we get a better idea how to navigate through GDPR.
- drinchev 9y agoAFAIK logs should not contain personal data at all and backups ... you need to figure out a way to delete the already deleted user data when you restore a backup. Interestingly enough. When I request to delete my data from HN, I would expect HN to send algolia (3rd party) a request to do so too. It should all propagate to even Google's search. That's all like too complicated to implement and here ( at least ) in Berlin companies are in huge trouble about the details.
- mankash666 9y agoGDPR rules do not apply to YC - a US company.
- dyu 9y agoI thought the legal side would work in a similar fashion as EU-US Privacy Shield?
- mankash666 9y ago"While joining the Privacy Shield is voluntary, once an eligible organization makes the public commitment to comply with the Framework’s requirements, the commitment will become enforceable under U.S. law" from [1]. I'm not a lawyer, but it's fairly obvious that web services built in accordance with the jurisdiction of incorporation take precedence, especially when the software/service makes no customization to appeal to the EU. Maybe one runs a blog with content critical of China, but since they're running said blog as a US corp on US soil, China cannot apply it's laws on the said blog. [1]: https://www.privacyshield.gov/Program-Overview https://www.privacyshield.gov/Program-Overview
- mankash666 9y agoUnless some subsidiary of YC is incorporated in the EU, none of the GDPR rules affect YC (a US company). Additionally, for emerging Saas companies it would be wise to avoid an EU subsidiary, to lower the cost of GDPR compliance
- hekfu 9y agoIANAL but I think it's more complicated than that...IIRC if you want to do.business in the EU, you need to comply. Not sure if.you can argue that HN does 'business' though
- Ninn 9y agoHN and YC does do buisness, amongst other things display and rent out advertisement space that is both displayed to, and on behalf od eu citizens and companies?
- Ninn 9y agoCategorily false. GDPR applies based on your users location, not the website/buisness. Please consider not stating things as facts that you havnt bothered to research.
- mnm1 9y agoAnd how do you suppose they would enforce this law on a US only company? An unenforceable law is no law at all.
- joncampbelldev 9y agoMost likely the enforcement would be applied as a restriction on any future business done in the EU assuming the US company refuses to pay the fine.
- mankash666 9y agoAnd you are stating theories as facts. If GDPR holds on American businesses with no legal presence in the EU, then Chinese censorship laws apply to us companies outside China. Or do they?
- majewsky 9y agoI think the more interesting question is: Will my comments on HN be deletable on archive.org under the GDPR law?
- gus_massa 9y ago> I think the more interesting question is: Will my comments on HN be deletable on archive.org under the GDPR law? And what happens if someone quotes my comment?
- orf 9y agoI sense a lot of misplaced patriotism here, with many comments reeking of almost outrage: "how dare the EU tell us what to do on our soil! We are Americans damnit, this makes us better than other people and allows us to selectively ignore other laws!" Well, the USA has been doing this to other countries for decades. Your failure to self regulate the protection of the huge volumes of personal data you like to collect plus your governments love to hoover this up has led to this. Deal with it, and be glad that at least someone is legislating this crazy situation we find ourselves in.
- sb8244 9y agoThere's a spectrum and being on either extreme of it isn't good. We're going to simultaneously find ourselves on both extremes and not central at all.
- lucideer 9y agoIt may depend heavily on the content of the comment, but I would guess it wouldn't constitute data about you. Even your username is anonimisable by you.
- throwaway2016a 9y agoUsername is only anonymized on initial signup. There is no way to anonymize a username that already was set that I know of.
- lucideer 9y agoability to change username would be a nice feature
- throwaway2016a 9y agoI'd be happy with just being able to redact my username (not this one). I was stupid and registered originally with my real name in my username and I would love to fix. Alas, I'm not a EU citizen so even sites that do afford GDPR protection probably won't respond to requests from me. Like Facebook [1]. [1] https://techcrunch.com/2018/04/04/facebook-gdpr-wont-be-universal/ https://techcrunch.com/2018/04/04/facebook-gdpr-wont-be-univ...
- WilliamMayor 9y agoThe right to erasure is not absolute, it only applies in certain circumstances. Here's the UK ICO's advice on it: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/ https://ico.org.uk/for-organisations/guide-to-the-general-da... In the list of "When does the right to erasure apply?", I'm not sure which one you would argue if you wanted to have your HN comments deleted. 1. The data is still necessary for the original purpose 2. HN doesn't rely on consent for this data (I don't think?) 3. I think HN are using legitimate interests, so you could try to object to the processing. I think HN could argue that their legitimate interests override the objection? 4+ Don't apply So the only one that might work would be point 3. IANAL but it is in HN legitimate interests to keep the comment. I'm not certain, it seems a bit woolly now I've written it down. It might depend on the seriousness of your objection. Overall though I think it's important to remember that the right isn't absolute, you can't just have all your data deleted whenever you like. That's not the point of the law.
- mankash666 9y agoAll those confidently stating that GDPR applies to YC despite it not being a EU registered corporation are guessing at best. None of this has been tested in litigation by US courts. If US companies (without a EU legal/corporate presence) are beholden to EU law, then US companies are beholden the Chinese censorship laws
- ggregoire 9y agoI have to repeat the same response I already gave you: Makes no sense at all and the analogy with the Chinese censorship laws is really bad (not sure why I'm reading this analogy again and again on HN). GDPR holds on US businesses only for the EU users. If they don't have EU users they don't have to care about the GDPR. US businesses can have different set of rules for the US and EU market (that's what Facebook plans to do about the GDPR). The GDPR doesn't apply for the US market and the US users. Also US companies can limit their service to the US market if they don't agree with the GDPR.
- mankash666 9y agoI don't know why you confidently state these things as fact without presedence in litigation in US courts. US companies today that do not differentiate and demarcate their users based on location needn't start doing this, because the internet has no boundaries, and EU laws on EU citizens do not hold or apply to US companies that do not care for the location of the user within their service. Again - your opinions are just as valid as mine because there isn't a precedent in US (federal) courts. Stop pretending like your 'opinion' is fact
- nemoniac 9y agoWhy do you think that US (federal) courts have anything to say about this? It's an EU law governing companies holding data about EU citizens. It means that EU courts can rule over the activity of such companies, whether the companies come from the USA or elsewhere. Do you anticipate the EU wanting to test the GDPR in a US court? That would be as strange as the US choosing to test a US law in an EU court.
- mankash666 9y agoMaybe third time will be the charm. Most respondents here (including me) would like GDPR applied to all companies as it protects end users. However, US companies with no legal/corporate presence in the EU are ONLY bound by US law. Take the case of EFF vs Australian patent troll [1]. Though EFF was sued in Australian court under Australian law, it didn't matter because EFF was an American company. This holds true, otherwise China could sue US media under Chinese law on the pretext of said media being available within China via the Internet. Similarly, for the EU to go after non EU corporate/legal entities, it'll need to implement a GDPR firewall, much like China's great firewall. It simply cannot push the onus of GDPR compliance on non EU entities with laws that it can't apply on them [1]: https://www.eff.org/deeplinks/2017/11/court-rules-effs-stupid-patent-month-post-protected-speech https://www.eff.org/deeplinks/2017/11/court-rules-effs-stupi...