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I would imagine N.Irish users might end up being covered by GDPR -- British law also N.Irish people to declare themselves Irish under the GFA. N.Ireland could w
by s_dev 7y ago
I would imagine N.Irish users might end up being covered by GDPR -- British law also N.Irish people to declare themselves Irish under the GFA. N.Ireland could well end up with a special status post-Brexit where it's both in and out of the EU and in and out of the UK.
Given European data protection is much stronger than either British or American DP it would make sense to group N.Irish people this way rather than trying to deal with the exceptions.
- topbanana 7y agoWhy would that be necessary?
- normalnorm 7y agoBecause unless the UK and the EU reach a trade agreement by the end of the year, the provisions of the Withdrawal Agreement kick in and Northern Ireland becomes bound to EU regulation. This is a long and complicated story, but essentially Brexit created the following problem: the UK now desires to have full control over its borders, and this means a hard border between the UK and the EU. But then there is also the Good Friday Agreement (GFA), which achieved peace between the unionists (Protestants who want NI to be part of the UK) and the nationalists (Catholics who want NI to be part of Ireland). Simplistically, the GFA guarantees a sort of double affiliation of NI, both to the UK and to Ireland. This means, among other things, no physical borders.
- ptah 7y agoi think the stronger data protection would prevail for NI
- s_dev 7y agoI agree, like the California effect in the US. California is both the strictest and biggest car market and all the car manufactuers use California as the standard because it covers everyone else.
- supergarfield 7y ago> British law also N.Irish people to declare themselves Irish under the GFA This by itself doesn't mean anything for GDPR—GDPR applies to EU residents (whether or not they are EU citizens), not EU citizens. Declaring yourself Irish doesn't make you fall under GDPR protection if you live outside the EU.
- tehlike 7y agoI am not sure if this entirely true. My understanding was it was both citizens and residents.
- vageli 7y agoThis link [0] seems to suggest otherwise. [0]: https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-living-in-the-us/ https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-...
- _-___________-_ 7y agoGDPR applies to EU & EEA residents.
- _-___________-_ 7y agoA fairly readable summary of the territorial scope of GDPR: https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_3_2018_territorial_scope_en.pdf https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui... In fact, it's not even legal residency that matters. You must simply be present in the territory that the regulations apply to (EU+EEA). If you're not, then the protections don't apply to you, regardless of your citizenship.
- icebraining 7y ago> If you're not, then the protections don't apply to you, regardless of your citizenship. Yes, unless the company is itself in the EU, in which case the GDPR always applies, even if you're not a citizen, resident or even visitor to the EU.