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How can an instance comply with GDPR if they're federated? (self.asklemmy)

submitted 1 year ago by firipu to c/[email protected]

43 comments fedilink hide all child comments

So if I understand GDPR correctly: If I want a service/business to remove all my personal data, they have to comply with it in a certain timespan or get in trouble with the law.

If I understand federation correctly: All posts get replicated on federated instances all over the fediverse.

My question: If I e.g. want lemmy.world to remove my data, all my posts etc are still up on lemmy.ml right? As they just have a copy of these posts?

Would I as a customer have to contact every single instance to get my data removed? Or how does GDPR compliance work with lemmy?

Or am I completely misunderstanding how GDPR works?

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[–] [email protected] 6 points 1 year ago* (last edited 1 year ago) (2 children)

Think of it this way. The way I see it federation is similar to an archival service storing a copy of the data. If reddit deletes all info when requested, but archive.org doesn't delete it. Well it ain't reddit's problem anymore.

Similarly, if a user request data deletion of data in their home instance located in the EU, and as long as the instance honors the request and delete their copy, that instance is not liable for other instances not honoring the deletion request. You might have to request data deletion with each individual instance that has a copy of your data, and it's only enforceable if the instance is in the EU where GDPR applies.

That's my interpretation, correct me if I'm wrong.

[–] [email protected] 3 points 1 year ago

If archive.org, or any other web scraper is able to pull personal information from a site, it means that the site is already breaking the GDPR.

GDPR protects personal information, not public texts.

Because instance holds identifying information about EU citizens (email, nickname), it means that the instance owner is the registery holder, and they must comply with GDPR.

I believe email address of the user is not shared between the instances, what makes things quite good. Nicknames are bit more problematical, because they can be considered as personal identifier.

Some GDPR experts maybe should write template registery document that instances can use. And the delete of account should be handled between instances. Posts do not need to be deleted, but nick should be changed to [deleted]

[–] firipu 1 points 1 year ago

That sounds like a good take. I have no idea if it's correct, but it sounds reasonable.

So I'd have to contact every single instance to get rid of my data, which sounds reasonable, but is practically speaking absolutely impossible.

Lemmy just sounds like a GDPR nightmare for the EU tbh.