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GDPR wasn't put in place to monitor people scribbling down phone numbers on pieces of paper. It was put in place to stop companies from hoarding vast amounts of
by Silhouette 8y ago
GDPR wasn't put in place to monitor people scribbling down phone numbers on pieces of paper. It was put in place to stop companies from hoarding vast amounts of personal data and using it to infringe on people's privacy (as well as making sure they looked after it properly).
Sure. The intent of the GDPR has not received much criticism, at least not that I've seen. The concerns some of us have always had are more about ambiguity and interpretation, because on the one hand the law as actually written doesn't allow for much leeway in some cases, and yet on the other hand it has huge ambiguities in key areas hiding behind words like "reasonable" or "legitimate".
It's easy to look at extreme positions, such as the example I gave above for illustrative purposes, and say no regulator is ever going to expect all of that. Probably you'd be right. The difficulty is that somewhere between not doing much of anything to comply and the other extreme such as I described, you cross an invisible line from being sufficiently compliant in the regulator's view (or potentially a court's if it really came to that) to not being sufficiently compliant and no-one really knows where that line is.
When you have not just the threat of fines but also potentially very significant costs in adapting your systems and processes, that sort of uncertainty is never good for anyone. That is particularly true in a case like GDPR, because many of those adaptations are more about being seen to comply than about fixing any actual security vulnerability or abuse of privacy or other tangible problem.
- marcus_holmes 8y agoI get it. The best explanation I've heard is that this is a major difference between EU(and UK) regulation and US regulation. In US regulation, the letter of the law matters. In the EU the spirit matters. The UK has had regulation like this for decades, and as loosely worded. The regulator rarely imposes fines, and then only when forced to because the infringer is refusing to change their processes. Almost always they give some advice, sometimes a warning. This is done in the context of a conversation with the regulator, like "hey, we've received a complaint, have you got any reason why this happened?" instead of "we received a complaint, you're fined $1000 for it". It's not a revenue source for the government (which it would be in the US). The wording is loose deliberately so that the regulator has the power to enforce the spirit of the regulation without getting tied into knots by the letter of it. So yeah, I get that it's freaking people out. And there are costs in adapting processes. But, to be honest, if those processes need adapting then they were probably doing the wrong thing in the first place. Also, the EU gave everyone years of warning, and nobody paid any attention to that.