6 ms·

Isn't there insane money to make just suing everybody in breach of gdpr? I always thought there were laywers scouring the internet in search of a quick buck.

fsflover 5y ago
https://www.enforcementtracker.com/ https://www.enforcementtracker.com/
Pungsnigel 5y ago
Wouldn't that just end up in the hands of whatever government is relevant? I believe the fines you pay for GDPR violations are paid to governments, not users or suers.
- M2Ys4U 5y ago
  Administrative penalties (those levelled by the supervisory authorities) do go to the state, but one can receive compensation for damages caused by infringement of rights under the Regulation.
delusional 5y ago
I don't think you really "sue" anyone for breaching GDPR. I think you report it to the local authorities, and then they pursue a case. Basically I don't think there's any money for the lawyers to pick up here.
- M2Ys4U 5y ago
  > I don't think you really "sue" anyone for breaching GDPR. I think you report it to the local authorities, and then they pursue a case. You can. Article 79 explicitly states that data subjects have a "right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation. Article 82 also states that "any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered."
  - delusional 5y ago
    As to the theory, I stand corrected! As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my browser?
    - mimsee 5y ago
      Remember GDPR is a general law about data collection so it could be anything, not necessarily cookies.
    - M2Ys4U 5y ago
      >As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my browser? The GDPR does not regulate cookies at all, at least unless they are a form of processing of personal data, so you wouldn't be able to sue for that. It's the ePrivacy Directive that deals with cookies (and storing/accessing other data on your devices), and that lacks any sort of private cause of action, at least at the EU level. Directives (unlike Regulations) have to be transposed in to domestic law in EU member states, so depending on where you are there might be a private enforcement mechanism, but I doubt it.
    - redler 5y ago
      It would probably be some very large number backed by a theory like "this violation has deprived the plaintiff of their ability to fully control the disposition of their private information and activities, thereby creating permanent direct and indirect risks whose damages to the plaintiff's income, income potential, business, reputation, and family are limited only by the malevolent collective imagination of an unbounded pool of individual, institutional, or governmental adversaries."
    - Ekaros 5y ago
      Specially in EU where largely we do not go for punitive awards. Fines yes, but not punitive awards...
deleted 5y ago
[deleted]

fsflover 5y ago

https://www.enforcementtracker.com/ https://www.enforcementtracker.com/

Pungsnigel 5y ago

Wouldn't that just end up in the hands of whatever government is relevant? I believe the fines you pay for GDPR violations are paid to governments, not users or suers.

M2Ys4U 5y ago
Administrative penalties (those levelled by the supervisory authorities) do go to the state, but one can receive compensation for damages caused by infringement of rights under the Regulation.

delusional 5y ago

I don't think you really "sue" anyone for breaching GDPR. I think you report it to the local authorities, and then they pursue a case. Basically I don't think there's any money for the lawyers to pick up here.

M2Ys4U 5y ago
> I don't think you really "sue" anyone for breaching GDPR. I think you report it to the local authorities, and then they pursue a case. You can. Article 79 explicitly states that data subjects have a "right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation. Article 82 also states that "any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered."
- delusional 5y ago
  As to the theory, I stand corrected! As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my browser?
  - mimsee 5y ago
    Remember GDPR is a general law about data collection so it could be anything, not necessarily cookies.
  - M2Ys4U 5y ago
    >As to the practicality of suing for violations, how would you quantify "damaged suffered" from saving a cookie in my browser? The GDPR does not regulate cookies at all, at least unless they are a form of processing of personal data, so you wouldn't be able to sue for that. It's the ePrivacy Directive that deals with cookies (and storing/accessing other data on your devices), and that lacks any sort of private cause of action, at least at the EU level. Directives (unlike Regulations) have to be transposed in to domestic law in EU member states, so depending on where you are there might be a private enforcement mechanism, but I doubt it.
  - redler 5y ago
    It would probably be some very large number backed by a theory like "this violation has deprived the plaintiff of their ability to fully control the disposition of their private information and activities, thereby creating permanent direct and indirect risks whose damages to the plaintiff's income, income potential, business, reputation, and family are limited only by the malevolent collective imagination of an unbounded pool of individual, institutional, or governmental adversaries."
  - Ekaros 5y ago
    Specially in EU where largely we do not go for punitive awards. Fines yes, but not punitive awards...

deleted 5y ago

[deleted]