this post was submitted on 07 Jul 2023
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GDPR (self.fediverse)
submitted 1 year ago by redditcunts to c/fediverse
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Drive we are so privacy focused here. What is to prevent myself or anybody out there, from starting to report individual instances of GDPR and CCPA.

No lemmy insurances are complying with national privacy laws and nobody is talking about it at all.

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[–] [email protected] 0 points 1 year ago (2 children)

Can you provide specific and detailed examples

[–] trouser_mouse 11 points 1 year ago* (last edited 1 year ago) (4 children)

This is just at a really high level. Take for example https://lemdro.id. I am in the UK.

  • I do not get cookie information / consent
  • How do I make a SAR request, it isn't stated
  • What is their data retention and privacy policy, it isn't stated
  • How do I make a data sharing request as a member of law enforcement or government
  • How is data processed if I am under 16/13
  • Is data transferred from an EU to non-EU server if I search their content from another instance? Are the correct controls and risk assessments in place
  • If I delete my .id account under right to be forgotten, how is my request propagated between other instances to ensure my data isn't retained somewhere on another instance which has pulled the data
  • If I use an account from another instance and post an image on .id, and then delete my account, is the image I posted deleted from their server and backups etc

GDPR is very serious and an absolute minefield. I am pretty sure Lemmy and individual instances are not compliant, and I am not sure they can be fully - it may have to be on a best-endeavours basis. Be interesting to see how that holds up under a challenge.

[–] [email protected] 3 points 1 year ago (1 children)

I actually question whether GDPR is up for the task of distributed systems like this.

Like, if you put in a right to be forgotten request to your host server, it's not at all clear that they're responsible for the copies of your content that are being hosted elsewhere, any more than asking a news website to remove your personal information from an article requires them to also hunt down anyone else who has copied and spread the story to remove it, too.

Different Lemmy websites are independently owned and operated, and your local admin holds no authority over other admins. They can request deletion on your behalf, if that's a legal requirement, but they cannot compel action. I'm not even sure they can act as your proxy, given that there's no formal relationship between admins.

[–] trouser_mouse 2 points 1 year ago

Totally, I do wonder how compliant these systems can be!

[–] [email protected] 2 points 1 year ago (2 children)

If I delete my .id account under right to be forgotten, how is my request propagated between other instances to ensure my data isn’t retained somewhere on another instance which has pulled the data

There's no way GDPR can tell we hosts they are responsible for other platform's copy of data, right? Wouldn't that mean Twitter has to remove tweets from every news article that makes copies, for example, if someone deleted their account under that right?

[–] trouser_mouse 1 points 1 year ago

It will be interesting to find out!

[–] fkn 1 points 1 year ago

I mean... It's pretty explicit in gdpr that the "transfer to non-eu servers" part means you can't send it via federation in the first place to non-eu servers unless those servers also adhere to gdpr: https://commission.europa.eu/law/law-topic/data-protection/reform/rules-business-and-organisations/obligations/what-rules-apply-if-my-organisation-transfers-data-outside-eu_en

The answer is that currently federation and Lemmys use of it are not gdpr compliant and the first gdpr case against any Lemmy instance in the eu will force that instance to defederate from all non-eu servers.

[–] [email protected] 1 points 1 year ago (1 children)

Why would there be a need for a cookie constent?

[–] trouser_mouse 1 points 1 year ago (1 children)

It's law to comply with GDPR and the ePrivacy Directive.

  • Receive users’ consent before you use any cookies except strictly necessary cookies.
  • Provide accurate and specific information about the data each cookie tracks and its purpose in plain language before consent is received.
  • Document and store consent received from users.
  • Allow users to access your service even if they refuse to allow the use of certain cookies
  • Make it as easy for users to withdraw their consent as it was for them to give their consent in the first place.
[–] awderon 2 points 1 year ago (1 children)

There is only one cookie present when I inspect the Cookies with my browsers dev tools. Which seems to be the auth token for my account.

[–] trouser_mouse 1 points 1 year ago (1 children)

As far as I am aware, a user authentication cookie is classed as personal data and therefore subject to GDPR!

[–] awderon 2 points 1 year ago (1 children)

Receive users’ consent before you use any cookies except strictly necessary cookies.

Wouldn't the auth cookie fall into the strictly necessary category?

[–] trouser_mouse 1 points 1 year ago (1 children)

I'm no expert so hopefully someone will be able to chip in. I know when I have dealt with GDPR stuff, there has been quite a lot of conflicting opinions!

Even if it is not required to get consent for that, I think there is also a requirement around explaining to the user what they do and why they are necessary.

[–] awderon 1 points 1 year ago (1 children)

I'm also no expert, just trying to learn more about the topic as it's kind of interesting to see how other people are interpreting it.

[–] trouser_mouse 1 points 1 year ago

Just as an example, this is Reddit's cookie notification compliance - so something similar to this should be presented so that I know what the cookies are used for in plain language and can accept or reject any non-essential cookies. I should also be able to give or withdraw my consent at a later time.

[–] [email protected] 0 points 1 year ago

Holy shit that is quite a lot

[–] redditcunts -2 points 1 year ago (2 children)

Can you point my to where the GDPR policy for lemmy.world is?

[–] awderon 3 points 1 year ago (1 children)
[–] redditcunts -1 points 1 year ago (1 children)

That is a tos not GDPR.

[–] awderon 2 points 1 year ago* (last edited 1 year ago)

Then message the server admins or you create a PR on the lemmy github page with the missing information. The missing legal footnotes is an issue you have to take up with them or the upstream lemmy repo on github.