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Yes it is - it's in the FAQ: https://www.eugdpr.org/gdpr-faqs.html https://www.eugdpr.org/gdpr-faqs.html What constitutes personal data? Any information rela

by muro 8y ago

Yes it is - it's in the FAQ: https://www.eugdpr.org/gdpr-faqs.html https://www.eugdpr.org/gdpr-faqs.html What constitutes personal data? Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.

M2Ys4U 8y ago
That is not an official website - if you read the footer you'll see the following text: "Disclaimer: This is not an offical EU Commission or Government resource. This is a education portal and the information contained within this portal does in no way constitute legal advice. Any person who intends to rely upon or use the information contained herein in any way is solely responsible for independently verifying the information and obtaining independent expert advice if required."
- hadrien01 8y ago
  The official EU Commission website[1] still says it's personal data: > Examples of personal data > [...] > - an Internet Protocol (IP) address; [1] https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en https://ec.europa.eu/info/law/law-topic/data-protection/refo...
wtfstatists 8y ago
I like this definiton better. IANAL Warning. Personal Data: - PII is Personal Data. - If a user has PII, then all of the userdata is Personal Data. So HN posts would not be Personal Data for the users that have email field empty. And even email (and any other user-entered data) can be made non-PII if ToU explicitly required to be so. My advice would be to legally and technically isolate PII and other_userdata. GDPR/etc compliance become quite easier this way.
- dogma1138 8y ago
  ToU don’t change what PII is or isn’t under the GDPR. The GDPR also states that consent alone isn’t a legal reason to collect or process PII and “advises” against relying and structuring terms of service to collect PII. Basically you can’t build a service ask people for their data and then relying on their consent for the legal reasoning of having that data. You need an actual legal basis e.g. a regulatory requirement or a business requirement to collect that data, and in all cases the requirements unless stated in law must be evaluated against the best interests of those you collect data from.
  - wtfstatists 8y ago
    > ToU don’t change what PII is or isn’t under the GDPR. ToU can by prohibiting user from entering any PII. In case of email, ToU would say that only non-identifying email can be used. For the rest of your comment, I dont see any relevance here. There is no need for consent for non-PII userdata. All PII userdata is behind legal and technical wall and cannot be accessed by the processor/controller of non-PII userdata.
    - dogma1138 8y ago
      There is no such thing as a “non-identifiable” email. You cannot use ToU to bypass GDPR.
      - wtfstatists 8y ago
        Ok here is my email: 1373f84998986cf8@tutanota.com. Identify me! Know that I wont used the email elsewhere. > You cannot use ToU to bypass GDPR. Just to clarify this is not buried in ToU but laid out clearly. So the website says dont give PII. User still does. And GDPR would penalize the website ? Citation please.
        dogma1138 8y ago
        Are you serious? the fact that your email isn't yourname@mailprovider.com doesn't make it any less identifiable. My IP address is 192.168.1.1 identify me... It also doesn't matter if you think the information is identifiable or not what matters is how the GDPR defines it. The GDPR defines PII and there isn't anything you can do about it you can't ask users to make a throwaway email account and hope that you can pass GDPR by claiming that it's not PII this isn't how regulation works. What matters isn't that the email address reveals your name is that someone can use it to identify additional information about you such as if you are subscribed to a specific service or not. >So the website says dont give PII. User still does. And GDPR would penalize the website ? Citation please. If the website asks for an email address that is PII under the GDPR.

by muro 8y ago

M2Ys4U 8y ago

That is not an official website - if you read the footer you'll see the following text: "Disclaimer: This is not an offical EU Commission or Government resource. This is a education portal and the information contained within this portal does in no way constitute legal advice. Any person who intends to rely upon or use the information contained herein in any way is solely responsible for independently verifying the information and obtaining independent expert advice if required."

hadrien01 8y ago
The official EU Commission website[1] still says it's personal data: > Examples of personal data > [...] > - an Internet Protocol (IP) address; [1] https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en https://ec.europa.eu/info/law/law-topic/data-protection/refo...

wtfstatists 8y ago

I like this definiton better. IANAL Warning. Personal Data: - PII is Personal Data. - If a user has PII, then all of the userdata is Personal Data. So HN posts would not be Personal Data for the users that have email field empty. And even email (and any other user-entered data) can be made non-PII if ToU explicitly required to be so. My advice would be to legally and technically isolate PII and other_userdata. GDPR/etc compliance become quite easier this way.

dogma1138 8y ago
ToU don’t change what PII is or isn’t under the GDPR. The GDPR also states that consent alone isn’t a legal reason to collect or process PII and “advises” against relying and structuring terms of service to collect PII. Basically you can’t build a service ask people for their data and then relying on their consent for the legal reasoning of having that data. You need an actual legal basis e.g. a regulatory requirement or a business requirement to collect that data, and in all cases the requirements unless stated in law must be evaluated against the best interests of those you collect data from.
- wtfstatists 8y ago
  > ToU don’t change what PII is or isn’t under the GDPR. ToU can by prohibiting user from entering any PII. In case of email, ToU would say that only non-identifying email can be used. For the rest of your comment, I dont see any relevance here. There is no need for consent for non-PII userdata. All PII userdata is behind legal and technical wall and cannot be accessed by the processor/controller of non-PII userdata.
  - dogma1138 8y ago
    There is no such thing as a “non-identifiable” email. You cannot use ToU to bypass GDPR.
    - wtfstatists 8y ago
      Ok here is my email: 1373f84998986cf8@tutanota.com. Identify me! Know that I wont used the email elsewhere. > You cannot use ToU to bypass GDPR. Just to clarify this is not buried in ToU but laid out clearly. So the website says dont give PII. User still does. And GDPR would penalize the website ? Citation please.
      - dogma1138 8y ago
        Are you serious? the fact that your email isn't yourname@mailprovider.com doesn't make it any less identifiable. My IP address is 192.168.1.1 identify me... It also doesn't matter if you think the information is identifiable or not what matters is how the GDPR defines it. The GDPR defines PII and there isn't anything you can do about it you can't ask users to make a throwaway email account and hope that you can pass GDPR by claiming that it's not PII this isn't how regulation works. What matters isn't that the email address reveals your name is that someone can use it to identify additional information about you such as if you are subscribed to a specific service or not. >So the website says dont give PII. User still does. And GDPR would penalize the website ? Citation please. If the website asks for an email address that is PII under the GDPR.