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There’s no issue with that. If a person manually takes their information and mails it to the CIA, that’s also fine. The issue is if a person visits a resource
by kuschku 5y ago
There’s no issue with that. If a person manually takes their information and mails it to the CIA, that’s also fine.
The issue is if a person visits a resource from a company in the EU, they should be able to expect that that information won’t be passed along to any third party that’s not absolutely necessary. Especially not to foreign governments.
You wouldn’t expect a visit to latimes.com to leak your information to the Chinese Party either.
- throwhauser 5y ago> The issue is if a person visits a resource from a company in the EU Does it have to be a company in the EU? I thought the GDPR covered any website an EU citizen, resident, or visitor might use, in which case US-based websites might have contradictory obligations to the GDPR and US law.
- fenier 5y agoIt depends on Art 3. https://gdpr-info.eu/art-3-gdpr/ https://gdpr-info.eu/art-3-gdpr/ Just because a website exists and may be visited by a EU resident, does not mean that the site automatically has to comply.
- morelisp 5y agoIt will be hard for a lot of US media making deals with European advertisers to claim they’re not intended for use by European residents, though.
- ensignavenger 5y agoIs that not what 2(a) says- if a service is being provided to an EU data subject, that the regulation applies? At least, that is clearly what the EU seems to be claiming? Sure, if no EU data subject actually accesses the site, it doesn't apply, but the moment one does...
- fenier 5y agoWell I mean think of a store which doesn't accept EU payment or ship to EU addresses, nor target EU residents with Advertising. You'd be hard pressed to say they service EU residents even if the site was able to be visited by EU residents.
- ensignavenger 5y agoNo where in Article 3 does it say anything about "targeting" them- it only says if the "service" is "offered", whether or not payment is required. So in broad interpretation, simply serving a webpage to an EU data subject is an act of processing personal data (IP address) of an EU data subject related to offering them a service (the web page itself). That is as long as it doesn't fall into one of the carve outs in Article 2- https://gdpr-info.eu/art-2-gdpr/ https://gdpr-info.eu/art-2-gdpr/ It could be argued that such an act "falls outside the scope of Union law;" but that seems to be a matter of contention.
- fenier 5y agoI think we have to look at Recital 23 through 31 they clarify what 'goods and services' mean. https://gdpr-info.eu/recitals/no-23/ https://gdpr-info.eu/recitals/no-23/
- ensignavenger 5y agoThank you, that does seem to alleviate some of my concerns as above. I'm not as familiar with EU law, it seems that recitals aren't legally binding equally with the "operative" text. But given the context, it seems unlikely a small blog or web shop that doesn't target EU customers would be in scope.
- zaarn 5y agoThey're not legally binding since they're written to be understood as clarifications for the lay-person. Ie, not written in the strict language that courts understand and hence, you might hit edge cases the courts might interprete in ways that you don't expect.
- deleted 5y ago[deleted]
- stickfigure 5y agoThe US isn't going to enforce GDPR violations, so why does it matter?
- nr2x 5y agoDo they have a TikTok?
- shadowgovt 5y agoMaybe I'm just old-school, but I expect when I visit a site I'm leaking some PII (my IP address) to every router between my client and latimes.com to do with as they will. I wouldn't necessarily expect the CCP to be involved unless Internet routing is having a very bad day, but I'd expect the American government to be involved when hitting an American server.
- remus 5y ago> Maybe I'm just old-school, but I expect when I visit a site I'm leaking some PII (my IP address) to every router between my client and latimes.com to do with as they will. Presumably you don't expect the american government to get involved after your request has reached latimes.com though?
- shadowgovt 5y agoTechnically, the only thing stopping them is SSH, and that can be handled (as Snowden publicized) by tapping latimes.com's systems on the other side of decryption. Old-school me would not have expected that to happen. Post-Snowden? It's a definite possibility.
- martin_a 5y ago> Old-school me would not have expected that to happen. Post-Snowden? It's a definite possibility. And... Is that a "favorable" (hope that's the right word, non-native here) thing?
- shadowgovt 5y agoIt's neither favorable not disfavorable to me; it just is. Something I file away in the back of my head about how the Internet works right now. Individual uses can be favorable or disfavorable. If I walk into a store and buy some gum, my face is on their security camera. If the cops are hunting for a murderer, they can pull that camera feed. Is this favorable? shrug. I like my privacy but I also like catching murderers. And I have no expectation of privacy when I step in someone's store; similarly, once I've shipped 1s and 0s to someone else, my expectation is they'll use them as they will, and if I don't like it I'll stop shipping 1s and 0s to them. This is probably just my American sensibilities talking, but growing up in a culture where I was building a credit score before I knew what that was, I'm not surprised services like Google Analytics are e-gossiping on my preferences (any more than I'd have been surprised if two BBS owners, back in the day, gossiped about their users).