Account Delete
- Thread starter GeckoSupra
- Start date
Snboarder113
Hooked
No you really fucking don’t, you ain’t special snowflake. ‘Murica
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'18 WIllysW
Member
https://www.mondaq.com/unitedstates/Privacy/777680/GDPR-Enforcement
https://www.red-gate.com/simple-talk/sysadmin/data-protection-and-privacy/gdpr-in-the-usa/
I very much know what I'm talking about. If you want to discuss it like an adult, let me know. Otherwise, cut the chest beating, you're not intimidating anyone.
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JK_0311
Member
I’m not a lawyer but how can another country or series of counties, enact laws on US businesses or people or the US on others? I’m sure for US companies that want to do business in the EU, will comply. But I highly doubt this can or will be enforced on US companies.
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Sharkey
Word Ninja
Ok, let’s start here. What “private” information, information subject to this law, do you think is being collected and stored here?
After that, we can have a conversation about what types of websites are even subject to the law.
Then, we can have a long conversation about contractual choice of law and choice of forum.
If we make it that far, maybe we can finally get to a discussion of waiver.
I have no idea what I am talking about, but I did stay at a Holiday Inn last night.
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Sharkey
Word Ninja
Short answer, they can’t. They can enact laws that impact foreign businesses doing business in their country (which can include selling goods or services in their country via the Internet). Countries can also enter into treaties and other agreements whereby there is an agreement to enforce foreign legal concepts (by way of example, the US has tried, mostly unsuccessfully, to get many Asian countries to recognize and enforce US intellectual property law).
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'18 WIllysW
Member
The attachment I included is a very brief description of how it's enforced, and it's been enforced. Short version: reciprocal treaties between countries.
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JK_0311
Member
'18 WIllysW
Member
Anything that's personally identifiable, including IP addresses.
So, for a forum that would be the account, account profile and any history or log of connections.
If an EU citizens wants their PII removed, all logs and history would need to be purged to be compliant.
I don't think it would be applicable to thing such as normal posts, unless of course someone posted their name or email address or location in a post. Then that would be included as well.
It has been enforced already. It's pretty reckless to say "it can't", when it already has been enforced in non-EU countries.
Also,California is passing (passed CPP, which covers their citizens in a similar manner.)
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Snboarder113
Hooked
It’s funny when people think that they can enforce things in other territories. Some people may choose to comply, doesn’t mean it’s enforceable. Just as the Uk passed a law saying all smart phones have to use the same charging cord, it doesn’t apply here. The same as California has to label every product conceivable “this product contains materials that are known to the state of California to cause cancer.”
You have navigated to a privately owned website, you have agreed to the terms and conditions to make an account, doesn’t matter where you live or what their laws are there, it’s not enforceable upon someone else. And yes we also have consumer protection laws that is the reason every website now alerts you with a pop up that they use cookies. Not the same as someone mad their porn history isn’t getting wiped when they ask them bc of the “EU’s law”
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You have navigated to a privately owned website, you have agreed to the terms and conditions to make an account, doesn’t matter where you live or what their laws are there, it’s not enforceable upon someone else. And yes we also have consumer protection laws that is the reason every website now alerts you with a pop up that they use cookies. Not the same as someone mad their porn history isn’t getting wiped when they ask them bc of the “EU’s law”
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WJCO
Meme King
'18 WIllysW
Member
You can stick your head in the sand if you want dude, but there are about ten states, and Congress looking into similar laws.
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Sharkey
Word Ninja
No, you are the one who is being reckless. A foreign country cannot unilaterally pass a law to be applied on US soil. Like I said, there are treaties and other mechanisms through which the US can agree to reciprocal enforcement of certain laws or concepts. Absent that, however, foreign law does NOT apply on sovereign soil (that’s why it’s called sovereign soil!)
With respect to the GDPR, there are absolutely companies in the US that need to be concerned with its application (to the company’s operations overseas through direct enforcement and here in the US through treaty-based enforcement).
But, the fact that an IP Address, an account username, or a login history exists is only one piece of the equation (pretty much a low level piece at that).
The GDPR applies to the processing of “personal data of data subjects” controllers and processors who are in the EU, but also to “processing activities” related to: (1) offering goods or services; or (2) monitoring data subject behavior that takes places in the EU. It can also apply when the subject of the information lives in the EU.
However, this free online forum is neither a processor nor controller of the personal data (what very limited personal data there might even be). It’s not selling data to anyone, or even selling products to anyone in the EU.
Moreover, the process of signing up involves giving consent regarding the PRIVATE information. Can consent be revoked related to the storage of that PRIVATE information? Sure.
But that doesn’t mean that a screen name or post history has to be deleted. In case you didn’t notice, both are not PRIVATE information because the user put all of that information out there for everyone to see. You don’t get to make something PUBLIC by posting it and then unring the bell and claim it’s PRIVATE. Similarly, if you post up your name and address, it’s public.
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WJCO
Meme King
Stick my head in the sand? Lol. I don't even know wtf you're talking about. #dude
Sharkey
Word Ninja
Lol! Thank you. Now can I find some hand sanitizer somewhere?
Seriously though, I’m blown away that people don’t get that when they post something up it becomes public and they cannot simply demand that it be removed.
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'18 WIllysW
Member
It's all recognizable as PII under GDPR.
The information doesn't have to be publically available, but what's stored on servers and in logs.
The EU did pass a law that protects THEIR citizens. If an organization has EU citizens as a customer or user, they have to be GDPR compliant, regardless of what country the organization is in.
If that organization's servers records an IP address used by an EU citizen, that citizen could ask for that information to be deleted and the organization would be required to do so under GDPR. US treaties with the EU mean that it would be enforced, and it HAS been enforced.
Many websites are simply disallowing EU citizens from joining, so they don't have to comply. It's a work around, but it works.
And as I replied to someone else, the US and about ten states are already looking into passing another similar law here.
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'18 WIllysW
Member
