4 ms·

What’s unlawful for the NSA to collect is defined by US law, not EU law. I’m sure they could ask the US nicely, and the NSA may even pretend to listen to their

by atty 5y ago

What’s unlawful for the NSA to collect is defined by US law, not EU law. I’m sure they could ask the US nicely, and the NSA may even pretend to listen to their complaints for a little bit :)

laurent92 5y ago
It’s unlawful worldwide to use EU citizen data without GDPR. I don’t know how EU pulled that off, but the work of the NSA is illegal just like Google storing EU citizen’s data in USA without GDPR enforcement is illegal too. Not to say it’s applicable. In fact, you could break the US law from abroad. Ask Assange.
- mellavora 5y ago
  I wonder if this could be used to get US credit agencies to stop storing data. Many people with EU citizenship end up with data in US credit agency files.
- krageon 5y ago
  The GDPR does not apply to law enforcement
  - Jon_Lowtek 5y ago
    There is another regulation called "2016/680" or "the police directive" that does: https://eur-lex.europa.eu/eli/dir/2016/680/oj/eng https://eur-lex.europa.eu/eli/dir/2016/680/oj/eng
- ClumsyPilot 5y ago
  Israel issued fines to New Zealand women for talking about Israel, and having never been in israel. https://www.theguardian.com/music/2018/oct/12/israel-fines-new-zealand-teenagers-18000-for-urging-lorde-concert-boycott https://www.theguardian.com/music/2018/oct/12/israel-fines-n...
  - quickthrower2 5y ago
    Seems like scaremongering to me and it is surely not enforceable in NZ. It will put people off going to Israel when you have anti free speech laws and you might cop a fine because of some old reddit comment.
- barsonme 5y ago
  Except the EU can’t enforce GDPR against NSA, so who cares? And, realistically, the EU can’t enforce GDPR outside the EU. If somebody in the UAE, for example, were to hoover up all the EU citizen data they can get their hands on what is the EU going to do? Send a strongly worded letter?
  - Jon_Lowtek 5y ago
    yes, sending a strongly worded letter is exactly what the EU would do. And then it will send another letter. And it will try to work out a diplomatic solution with the UAE such that they enforce respect for eu citizen rights, or even better, join the growing number of nations that have data privacy as a fundamental right. They may even threaten some sanctions if the whole thing is big enough. What would your country do to protect your rights? https://www.dataguidance.com/news/uae-uae-enacts-new-federal-law-protection-personal-data https://www.dataguidance.com/news/uae-uae-enacts-new-federal...
  - Jon_Lowtek 5y ago
    <mockingly> And, realistically, the USA can’t enforce its constitution outside the USA. If somebody in South America, for example, were to harvest all the US tourists organs they can get their hands on, what is the USA going to do? Nuke it? </mockingly>
- Jon_Lowtek 5y ago
  > I don’t know how EU pulled that off Step 1: Declare yourself the lawful sovereign of your citizens in customary international law and be accepted as that both internally and globally. Step 2: Define a fundamental (constitutional) human right to data privacy, see charta of fundamental rights of the European Union Article 8 Step 3: Create regulations that define how to lawfully handle the data of european citizens (-> GDPR, Police Directive, ...) and what happens if one disregards the fundamental right. Honestly the whole thing becomes much easier to understand if one substitutes any other fundamental right, like the right to bodily integrity. A foreign corporation is not allowed to harvests our citizens organs without lawful basis (like written consent), even if it claims the law of its home country allows it to harvest organs as it pleases.

by atty 5y ago

What’s unlawful for the NSA to collect is defined by US law, not EU law. I’m sure they could ask the US nicely, and the NSA may even pretend to listen to their complaints for a little bit :)

laurent92 5y ago

It’s unlawful worldwide to use EU citizen data without GDPR. I don’t know how EU pulled that off, but the work of the NSA is illegal just like Google storing EU citizen’s data in USA without GDPR enforcement is illegal too. Not to say it’s applicable. In fact, you could break the US law from abroad. Ask Assange.

mellavora 5y ago
I wonder if this could be used to get US credit agencies to stop storing data. Many people with EU citizenship end up with data in US credit agency files.
krageon 5y ago
The GDPR does not apply to law enforcement
- Jon_Lowtek 5y ago
  There is another regulation called "2016/680" or "the police directive" that does: https://eur-lex.europa.eu/eli/dir/2016/680/oj/eng https://eur-lex.europa.eu/eli/dir/2016/680/oj/eng
ClumsyPilot 5y ago
Israel issued fines to New Zealand women for talking about Israel, and having never been in israel. https://www.theguardian.com/music/2018/oct/12/israel-fines-new-zealand-teenagers-18000-for-urging-lorde-concert-boycott https://www.theguardian.com/music/2018/oct/12/israel-fines-n...
- quickthrower2 5y ago
  Seems like scaremongering to me and it is surely not enforceable in NZ. It will put people off going to Israel when you have anti free speech laws and you might cop a fine because of some old reddit comment.
barsonme 5y ago
Except the EU can’t enforce GDPR against NSA, so who cares? And, realistically, the EU can’t enforce GDPR outside the EU. If somebody in the UAE, for example, were to hoover up all the EU citizen data they can get their hands on what is the EU going to do? Send a strongly worded letter?
- Jon_Lowtek 5y ago
  yes, sending a strongly worded letter is exactly what the EU would do. And then it will send another letter. And it will try to work out a diplomatic solution with the UAE such that they enforce respect for eu citizen rights, or even better, join the growing number of nations that have data privacy as a fundamental right. They may even threaten some sanctions if the whole thing is big enough. What would your country do to protect your rights? https://www.dataguidance.com/news/uae-uae-enacts-new-federal-law-protection-personal-data https://www.dataguidance.com/news/uae-uae-enacts-new-federal...
- Jon_Lowtek 5y ago
  <mockingly> And, realistically, the USA can’t enforce its constitution outside the USA. If somebody in South America, for example, were to harvest all the US tourists organs they can get their hands on, what is the USA going to do? Nuke it? </mockingly>
Jon_Lowtek 5y ago
> I don’t know how EU pulled that off Step 1: Declare yourself the lawful sovereign of your citizens in customary international law and be accepted as that both internally and globally. Step 2: Define a fundamental (constitutional) human right to data privacy, see charta of fundamental rights of the European Union Article 8 Step 3: Create regulations that define how to lawfully handle the data of european citizens (-> GDPR, Police Directive, ...) and what happens if one disregards the fundamental right. Honestly the whole thing becomes much easier to understand if one substitutes any other fundamental right, like the right to bodily integrity. A foreign corporation is not allowed to harvests our citizens organs without lawful basis (like written consent), even if it claims the law of its home country allows it to harvest organs as it pleases.