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Since IP addresses are PII, how can I use this and still respect GDPR? It's not like I can use consent for processing.

by Kiro 3y ago

worksonmine 3y ago
Since you're also obligated to secure said data storing the IPs from brute force attempts is not only fine but almost a requirement. You're not making the connection to any individual and the use-case is legitimate.
chownie 3y ago
You don't need consent because this information is strictly required for a legitimate business purpose (ensuring machine security) This is explicitly made an example here: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/legitimate-interests/when-can-we-rely-on-legitimate-interests/#purpose_legitimate https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-re...
M2Ys4U 3y ago
Firstly, the GDPR doesn't care about PII - that's an American legal term and the GDPR is an EU law. It deals with processing personal data, and the two are not the same (although there is overlap, with PD having a more expansive definition). Secondly, consent is only one of six legal bases for processing personal data. The other five are that: - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; - processing is necessary for compliance with a legal obligation to which the controller is subject; - processing is necessary in order to protect the vital interests of the data subject or of another natural person; - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The last of those - legitimate interests - is clearly appropriate, the rights of the data subjects (i.e. the IP addresses' users) don't override the legitimate interests of securing one's machines, especially given the limited processing performed by tools like Fail2Ban.
olivierduval 3y ago
Actually, GDPR doesn't forbid using PII for legitimate interest like fraud detection

Since IP addresses are PII, how can I use this and still respect GDPR? It's not like I can use consent for processing.

by Kiro 3y ago

Since IP addresses are PII, how can I use this and still respect GDPR? It's not like I can use consent for processing.

Since you're also obligated to secure said data storing the IPs from brute force attempts is not only fine but almost a requirement. You're not making the connection to any individual and the use-case is legitimate.

chownie 3y ago

You don't need consent because this information is strictly required for a legitimate business purpose (ensuring machine security) This is explicitly made an example here: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/legitimate-interests/when-can-we-rely-on-legitimate-interests/#purpose_legitimate https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-re...

M2Ys4U 3y ago

Firstly, the GDPR doesn't care about PII - that's an American legal term and the GDPR is an EU law. It deals with processing personal data, and the two are not the same (although there is overlap, with PD having a more expansive definition). Secondly, consent is only one of six legal bases for processing personal data. The other five are that: - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; - processing is necessary for compliance with a legal obligation to which the controller is subject; - processing is necessary in order to protect the vital interests of the data subject or of another natural person; - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The last of those - legitimate interests - is clearly appropriate, the rights of the data subjects (i.e. the IP addresses' users) don't override the legitimate interests of securing one's machines, especially given the limited processing performed by tools like Fail2Ban.

olivierduval 3y ago

Actually, GDPR doesn't forbid using PII for legitimate interest like fraud detection