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Lets try the law on this one: Is the IP personal data for the GDPR? If I read the GDPR, the Debian foundation is not capable to pinpoint 1 person so it seems
by hyperman1 8y ago
Lets try the law on this one:
Is the IP personal data for the GDPR? If I read the GDPR, the Debian foundation is not capable to pinpoint 1 person so it seems to me it is not (An ISP or someone receiving an IP to person mapping from them is something different):
‘personal data’ means any information relating to an
identified or identifiable natural person (‘data subject’);
an identifiable natural person is one who can be
identified, directly or indirectly, in particular by
reference to an identifier such as a name, an
identification number, location data, an online identifier
or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or
social identity of that natural person;
Furthermore, the Debian foundation has a legitimate interest in monitoring their machines and protecting them against attacks. Logs containing IPs are a common practice, so there is a legal base for processing IPs even if they would be personal data:
processing is necessary for the purposes of the legitimate
interests pursued by the controller or by a third party,
except where such interests are overridden by the
interests or fundamental rights and freedoms of the data
subject which require protection of personal data, in
particular where the data subject is a child.
All of this assuming they use the IP for apache logs only, and don't send these logs to third parties for data mining or whatever.
- yorwba 8y agoDebian also has a privacy policy where they explain what kind of data they log and how long it is retained https://www.debian.org/legal/privacy https://www.debian.org/legal/privacy However, I can't recall ever having seen this privacy policy before now. IANAL and don't know what kind of notice needs to be given for necessary data usage, if any, but maybe apt-get should display the privacy policy on first use.
- jimmaswell 8y agoI meant you're violating GDPR by letting that apache2 server run with its default config, not that the apt maintainers are violating it.
- hyperman1 8y agoAnd I meant you're not violating GDPR by letting apache2 run with default config, as the GDPR allows you to capture these IP adresses for 2 different reasons.