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It applies to EU residents regardless of where the data processor is located, and anyone anywhere whose data is processed by an EU based company (or the EU subs
by scoot 7y ago
It applies to EU residents regardless of where the data processor is located, and anyone anywhere whose data is processed by an EU based company (or the EU subsidiary of a multinational):
https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en https://ec.europa.eu/info/law/law-topic/data-protection/refo...
- scarejunba 7y agoThat entire domain is an "Under Construction" page (which I didn't think I'd ever see again this century).
- scoot 7y agoUpvoting because this was my mistake. My comment was copied verbatim from and older discussion on the same topic (it's a common cause for confusion), including a URL that I didn't check was still valid. I subsequently changed it to another one with the same info, but didn't call out the edit. Apologies scarejunba for the collateral damage!
- scarejunba 7y agoHaha, all good.
- manigandham 7y agoThis is incorrect. "In the EU" refers to the physical location, not your citizenship. Otherwise there would be no way to know who you are without having your data in the first place which means the law is a catch 22. The only working interpretation is based on physical location.
- squiggleblaz 7y agoWas the parent post edited? Otherwise it agrees with you. They don't mention citizenship. Surely my physical location is no less part of my data than my citizenships? I guess if it's being processed immediately when it's collected it's possible to gdpr it or not, but if it's an offline process, then how can you do that?
- manigandham 7y agoYes it was edited, the part I quoted came from that comment. Anyways it's based on physical location. There are lots of specifics around what PII is but in this case: 1) your location alone cannot identify you individually, and 2) nothing specific is stored and IP/network to region lookup for applying GDPR rules is acceptable.
- scoot 7y agoYes, it was edited, but only to update the linked URL, not the comment. Also, hat part of my comment do you believe that you quoted? The only quote I see if from the article I linked to in the revised comment. Incidentally, when it comes to the GDPR, the term is "personal data", not "personally identifiable information" which is a US term.
- squiggleblaz 7y agoMy citizenship can't identify me individually. If I use a VPN that makes me appear like I'm in China, I'm still in Europe so I think my data should still be treated as if I'm in Europe. My location/residency is a matter of fact.
- manigandham 7y ago1) Your citizenship is not easily accessible over the internet anonymously. You would need to hand over personal data to prove that your personal data needs to be handled different. This doesn't work. 2) The point of location data not identifying you is in response to the parent comment saying that location could also be considered personal data. It can, but only if used in conjunction with enough other data to uniquely identify you; not to just check if you're currently in the EU. 3) Using a VPN prevents GDPR enforcement if your location is inaccurate. Again it comes down to the law preventing your personal data from being used before you consent, so whether your location is a fact or not doesn't matter when the service provider isn't allowed to use it in the first place and must rely on network lookup for a best guess.
- marcus_holmes 7y agoExactly what the GP said - if you're an Irish citizen residing in the USA, then the GDPR does not apply to you, because you're not an EU resident.