5 ms·

No. If you're a US citizen* doing business with a US-based company you don't have the right to request your own data, even if that company also does business in

No. If you're a US citizen* doing business with a US-based company you don't have the right to request your own data, even if that company also does business in Europe. * and there are European citizen dual passport shenanigans

tzs 8y ago
If it is a US company that does business in Europe, but is not established in the Union, you are correct. If the company is established in the Union, then GDPR applies to all personal data processing it does. See Article 3(1): "This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not." The question, then, is Tesla merely a company that is offering goods and services to people in the Union, but not itself established in the Union, or is Tesla established in the Union?
- cosmojg 8y ago
  What does "established in the union" even mean?
  - daniel-alex 8y ago
    I read it as based/headquartered in the European Union.
- bdamm 8y ago
  In the United States, "The Union" is sometimes a referral to the union of the states, e.g. the United States. I assume you're talking about the European Union, but since I'm a U.S. Person, I'm not really sure.
  - rmc 8y ago
    yes European Union
CiaranMcNulty 8y ago
If it has a US subsidiary (which is fairly likely for tax etc) then that entity has to give you your data.
- delinka 8y ago
  And who has jurisdiction to enforce that? Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever? Does that court have authority to compel the release by the US division? Can the EU court compel a US court to find similarly? Point: how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-presence?
  - abritinthebay 8y ago
    > Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever? No, they'd sue to get it from the EU one. As it's part of the same company. The rest of your questions are predicated on the core misunderstanding you have of this so don't apply. > how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-presence? 4 percent of the organization's annual global revenue will work quite well I'd imagine.
    - manigandham 8y ago
      You actually seem to be misunderstanding since GDPR is not about having people sue. They can only report companies and regulators take it from there, if they want to. Also 4% of revenue has nothing to do with enforcement and reach of the EU agencies against US companies.
      - tzs 8y ago
        There's a right to sue, which includes suing for compensation, in Articles 79 and 82.
    - delinka 8y ago

tzs 8y ago

If it is a US company that does business in Europe, but is not established in the Union, you are correct. If the company is established in the Union, then GDPR applies to all personal data processing it does. See Article 3(1): "This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not." The question, then, is Tesla merely a company that is offering goods and services to people in the Union, but not itself established in the Union, or is Tesla established in the Union?

cosmojg 8y ago
What does "established in the union" even mean?
- daniel-alex 8y ago
  I read it as based/headquartered in the European Union.
bdamm 8y ago
In the United States, "The Union" is sometimes a referral to the union of the states, e.g. the United States. I assume you're talking about the European Union, but since I'm a U.S. Person, I'm not really sure.
- rmc 8y ago
  yes European Union

CiaranMcNulty 8y ago

If it has a US subsidiary (which is fairly likely for tax etc) then that entity has to give you your data.

delinka 8y ago
And who has jurisdiction to enforce that? Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever? Does that court have authority to compel the release by the US division? Can the EU court compel a US court to find similarly? Point: how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-presence?
- abritinthebay 8y ago
  > Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever? No, they'd sue to get it from the EU one. As it's part of the same company. The rest of your questions are predicated on the core misunderstanding you have of this so don't apply. > how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-presence? 4 percent of the organization's annual global revenue will work quite well I'd imagine.
  - manigandham 8y ago
    You actually seem to be misunderstanding since GDPR is not about having people sue. They can only report companies and regulators take it from there, if they want to. Also 4% of revenue has nothing to do with enforcement and reach of the EU agencies against US companies.
    - tzs 8y ago
      There's a right to sue, which includes suing for compensation, in Articles 79 and 82.
  - delinka 8y ago