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Lemmy's Image Problem (Updated 02-06-2024)
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this post was submitted on 06 Mar 2024
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Lemmy devs being man children when confronted with GDPR compliance.
And if Lemmy if supposed to better Reddit in basic fucking decency then GDPR is absolutely crucial.
how are you supposed to do gdpr compliance on a federated system though?
You are responsible for data collected by your own instance. If a deletion request comes through, you are responsible for deleting it from your account, and forwarding the deletion request and responses to other instance you federate with. You are in the clear as long as you don't keep data you legally can't, and have sufficiently informed other instances of your obligations.
What I mean by informing others is that you have to explicitly forward the deletion request. Not much else you can do I think.
Oh, that's actually neat. But at the same time, that means every instance owner is responsible for the whole of the Fediverse.
I can imagine that would mean non-compliant instances will get defederated at some point? Or ActivityPub will get some compliance features? It's not like the EU is unaware of the Fediverse, they are the main monetary supporters behind Lemmy.
The issue I see is that if my instance is on the hook for the fediverse at large, and I operate on an allowlist basis, malicious actors can scrape PII and ignore the GDPR, and that would make me the one on the hook for that, isn't that right?
It absolutely does, if the company processes data of EU residents. The US enforces GDPR themselves, as they have signed an agreement to do so. To be clear, this means that according to US law, if you are a US web host, you can abuse US customer data and the FBI will not come after you, but if you do so with EU customer data, US authorities will come after you on behalf of the EU.
Yeah it does, as soon as you are providing a service, if you have a user from the EU that's not you, it applies. And while GDPR fines are defined in a revenue percentage, there is a minimum of "up to 10 million EUR" for a violation.
Nobody is getting sued. EU data protection agencies don't "sue" people and companies. They fine them. The difference is that a lawsuit is a process where at the end you might need to pay money, but you mostly settle. A GDPR fine looks like you get a letter saying you need to pay an amount, if you want to appeal, you can do so after paying.
And it's not the devs that will be getting these fines, it's instance admins.
And this is why misskey is a mastodon instance that just blocked access if the person is from the EU, it's too much to ask for devs in a single digit that survive by donations or their own pocket money, this is a hobby for them.
Did they defederate from all instances allowing access to EU citizens? If not, they are still liable, as they are scraping EU citizen's data for federation. Even usernames are personal data according to the GDPR.
As per official EU communication:
Lemmy instances are entities that offer free services and are arguably monitoring the behaviour of individuals in the EU through federation. From the perspective of the GDPR, there is no difference between Facebook and a Lemmy instance regarding what they can or cannot do, or whether they get fined for something.
You need to read up on the GDPR yourself.
Usernames at the very least, as online identifiers.
And they don't need to be sold, just retained. GDPR applies even if there is no payment anywhere, even to non-commercial entities.
What do you think an online identifier is then? And why would the GDPR only apply if there is money made? It specifically says in multiple places free services also count.
How is IBM authoritative on this subject? And even so, this article doesn't say that usernames are not PII, it even indirectly says it is indirect PII.
Here's another random company's page saying usernames are PII: https://www.keepersecurity.com/blog/2023/06/14/what-is-personally-identifiable-information-pii/
The GDPR says it clearly and explicitly that:
And where did you read that? If anything, public usernames are easier to correlate to form identities.
Use this for starters https://www.eff.org/deeplinks/2022/12/user-generated-content-and-fediverse-legal-primer