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I think that's intentional as it massively increases the risk of doing something negative for the end user and leaves loopholes uncertain and prone to interpret

by setquk 8y ago

I think that's intentional as it massively increases the risk of doing something negative for the end user and leaves loopholes uncertain and prone to interpretation. It will forces businesses to stay well clear of the line or pack up and go home. And that's not a bad thing. Also it stops a whole legal and compliance industry appearing in the grey zone as no one wants to abstract liability.

Silhouette 8y ago
It will forces businesses to stay well clear of the line or pack up and go home. And that's not a bad thing. I'm not so sure. No-one knows where the line is, so many organisations can only be sure they're staying well clear by stopping all kinds of legitimate, reasonable data processing, which is throwing the baby out with the bathwater. An alternative, which I've seen quite a few small organisations and individuals adopting and now a few larger ones as well, is to just cut the EU off entirely if they're based outside and thus put themselves outside the scope of the GDPR for practical purposes, and then carry on as before under more liberal regimes like the US. Both of these strategies are harmful without really helping anyone.
- HelloNurse 8y ago
  Legitimate and reasonable data processing is just that: it's obviously compliant. If there is any doubt, it's excessive and careless data processing, even if not illegal and without malicious intent. So there is no valuable baby that could be thrown out with the bathwater, and a well-behaved company has little or no bathwater to begin with.
  - Silhouette 8y ago
    Legitimate and reasonable data processing is just that: it's obviously compliant. If there is any doubt, it's excessive and careless data processing, even if not illegal and without malicious intent. No, it isn't. Sorry, you can't just hand-wave the whole issue away that easily. If this were all so obvious, we wouldn't keep having these conversations, where even people who have been looking into this for months and taken real legal advice are still in doubt about what specific actions they can or must take to be compliant.
    - HelloNurse 8y ago
      I should have been more explicit about my point: GDPR compliance is easy and inexpensive for restrained good companies that care about privacy, troublesome and expensive only for companies that behave inappropriately, and an existential threat only for true scum. You are simply being forced to behave like you should have been behaving from the beginning of your online presence.
  - manigandham 8y ago
    That is absolutely meaningless and opens up every business to constant unrelenting litigation. Your definition of obvious is not the same as someone else.

by setquk 8y ago

Silhouette 8y ago

It will forces businesses to stay well clear of the line or pack up and go home. And that's not a bad thing. I'm not so sure. No-one knows where the line is, so many organisations can only be sure they're staying well clear by stopping all kinds of legitimate, reasonable data processing, which is throwing the baby out with the bathwater. An alternative, which I've seen quite a few small organisations and individuals adopting and now a few larger ones as well, is to just cut the EU off entirely if they're based outside and thus put themselves outside the scope of the GDPR for practical purposes, and then carry on as before under more liberal regimes like the US. Both of these strategies are harmful without really helping anyone.

HelloNurse 8y ago
Legitimate and reasonable data processing is just that: it's obviously compliant. If there is any doubt, it's excessive and careless data processing, even if not illegal and without malicious intent. So there is no valuable baby that could be thrown out with the bathwater, and a well-behaved company has little or no bathwater to begin with.
- Silhouette 8y ago
  Legitimate and reasonable data processing is just that: it's obviously compliant. If there is any doubt, it's excessive and careless data processing, even if not illegal and without malicious intent. No, it isn't. Sorry, you can't just hand-wave the whole issue away that easily. If this were all so obvious, we wouldn't keep having these conversations, where even people who have been looking into this for months and taken real legal advice are still in doubt about what specific actions they can or must take to be compliant.
  - HelloNurse 8y ago
    I should have been more explicit about my point: GDPR compliance is easy and inexpensive for restrained good companies that care about privacy, troublesome and expensive only for companies that behave inappropriately, and an existential threat only for true scum. You are simply being forced to behave like you should have been behaving from the beginning of your online presence.
- manigandham 8y ago
  That is absolutely meaningless and opens up every business to constant unrelenting litigation. Your definition of obvious is not the same as someone else.