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> Under GDPR Article 20 Why GDPR. Didn't you say you're from Russia? > DPO request unanswered beyond automated ticket GDPR allows companies 30 days to answer
by mtmail 7mo ago
> Under GDPR Article 20
Why GDPR. Didn't you say you're from Russia?
> DPO request unanswered beyond automated ticket
GDPR allows companies 30 days to answer, or telling you they need more time to answer.
> FTC complaint filed
Why FTC. Didn't you say you're from Russia?
> Filed formal legal appeal (7 pages)
I'm guessing the pages were largely AI generated?
> This is, de facto, theft of intellectual property.
At this point I'm laughing and wonder which AI lawyer gave the confidence to suggest that.
> No export. No backup.
Having no backups is hardly the provider's fault.
> Project migrated to GitLab
That sounds like you have the code at least and can recreate the data.
- shray88 7mo ago> Why GDPR. Didn't you say you're from Russia? GitHub is a US company that processes data of EU residents. They're subject to GDPR. I've been in cybersecurity since I was 14 — data protection laws aren't new to me. Additionally, California BPC § 17200 applies since GitHub is California-based. > GDPR allows companies 30 days to answer Correct. I filed the DPO request on March 17. The 30-day window hasn't expired. I'm sharing this now because the permanent ban came 70 minutes after my legal appeal with no review of the actual arguments. > Why FTC. Didn't you say you're from Russia? FTC accepts complaints from anyone regarding US companies. GitHub is US-based. Their business practices affect international users. > I'm guessing the pages were largely AI generated? I used AI to help with English phrasing — it's not my first language. The legal framework and arguments are mine. I've been interested in cybersecurity, privacy, and cryptography since I was 14. I considered getting into cypherpunk circles at one point. GDPR Article 20 isn't exactly obscure knowledge for someone in this field. > theft of intellectual property Fair point on the wording. More accurately: GitHub is refusing to provide data portability as required by GDPR Article 20. I retain copyright but am being denied access without due process. > Having no backups is hardly the provider's fault You're right I should have had backups. But GDPR Article 20 grants an unconditional right to data portability. "You should have backed up" doesn't exempt a company from legal obligations. > That sounds like you have the code at least I had a local copy of the VPN client (rsquad) from March 2. I lost: - Other repositories (hpp, node-filter, loshad-scoc, zhopa-bobra) - All issues and pull requests - Wiki content - Release packages - Account settings, SSH keys, GPG keys
- KomoD 7mo ago> GitHub is a US company that processes data of EU residents. They're subject to GDPR. You aren't located in the union in any way. > I've been in cybersecurity since I was 14 — data protection laws aren't new to me. Great, then you should be familiar with Article 3 of the GDPR: > This Regulation applies to the processing of personal data of data subjects who are in the Union [...] > This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union [...] And Article 20 does actually have several conditions, it's not unconditional. ... > Additionally, California BPC § 17200 applies since GitHub is California-based. What does this have to do with "unfair competition"?
- shray88 7mo ago[dead]