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German court rules Facebook use of personal data illegal

reuters.com

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Re: German court rules Facebook use of personal data illegal

#181

Post by barrkel »

peoplewindow wrote: post #110
jimnotgym wrote: post #74

Earlier quoted context omitted.

Link is not working for me, but if you mean the UK 1) GDPR applies to the UK even if Brexit happens. It is already a matter of UK law. In fact it seems the UK is leading the way to GDPR adoption. 2) It is totally unclear that Brexit is going to cause any changes to the UK/EU regulatory arrangements in anything but name.

Point is that the UK government already has a tax regime. It has no incentive to fine Facebook so much there's a risk of it leaving. The ICO already said that it doesn't intend to use its big new fining powers under GDPR anyway, as there's no need. The rest of the EU is a bigger question. The EU is desperate for cash. It faces a huge budget shortfall, member states that don't want to pay more and it can't raise a cor…

You're just anti-EU, pro Brexit, I get it. This topic is a means for you to continue the same "conversation" you've been having for weeks.

Re: German court rules Facebook use of personal data illegal

#182

Post by s73v3r_ »

TomMarius wrote: post #175
s73v3r_ wrote: post #146

Earlier quoted context omitted.

That's not a reasonable defense, though. Not to mention, it's been shown quite a bit that FB is still gathering information on people who are not members of Facebook.

How is that not a reasonable defence?

If I attacked everyone who came through my door, saying, "Don't go in that door" is not a defense of my actions.

Re: German court rules Facebook use of personal data illegal

#183

Post by detaro »

TomMarius wrote: post #169
s73v3r_ wrote: post #152

Earlier quoted context omitted.

But I just explained how people don't necessarily have that choice, given that they still collect data on people who are not members of Facebook.

So how exactly do they collect data on people who are not on FB? Through websites with their tracking codes - and that's why the EU introduced so called 'cookie law' that says a website can't track you until you give consent (e.g. by continuing to use the website). There's of course the way of other people giving them your data such as photos of you - but that's illegal and against FB TOS.

Where do facebook ToS forbid uploading pictures of non-members?

Re: German court rules Facebook use of personal data illegal

#184

Post by TomMarius »

rhizome wrote: post #149
TomMarius wrote: post #131

Earlier quoted context omitted.

Then they uploaded a picture they shouldn't have uploaded and the person who uploaded it should be sued (by you and possibly by Facebook because they broke the TOS that says you can only upload stuff that doesn't break the laws - and a photo of you that you didn't agree to be uploaded is against the laws)

a photo of you that you didn't agree to be uploaded is against the laws I've never heard of this before, is it a part of GDPR?

No, it's part of the basic privacy protection laws that every EU coutry has had for decades. It's the same law that says you can't share videos taken with a dashcam if you're recording in the public.

Re: German court rules Facebook use of personal data illegal

#185

Post by Xylakant »

jimnotgym wrote: post #164
blibble wrote: post #132

Earlier quoted context omitted.

> Btw, one of GDPR's key motivation was to take FB down. this all seems very similar to the new VAT scheme, in that it was designed to target a foreign giant (Amazon), which was barely affected as a result, and instead ended up hurting the competitiveness of the EU's own small businesses the EU Commission's response to small business concerns about that new VAT scheme? "we'll allocate some time to talk about that in…

Can you elaborate on which scheme you mean please?

A while ago VAT rules for digital goods were changed. Before, the VAT of the country where the company was located applied, after the VAT of the customers country. Amazon, Apple, ... exploited that by officially making the sale in a low-VAT country and pocketing the difference.

Many small businesses were concerned that they would have to register for VAT in all EU countries and deal with individual VAT laws, but the implementation for small businesses allows you to basically register at your home countries tax authority and provide them with a list of sales broken down by country. (MOSS in the UK, iirc) The initial hubbub has largely died down.

This is grossly simplified, but captures the gist. No tax advice, yadda, yadda.

Re: German court rules Facebook use of personal data illegal

#186

Post by Xylakant »

dvfjsdhgfv wrote: post #167
blibble wrote: post #132

Earlier quoted context omitted.

> Btw, one of GDPR's key motivation was to take FB down. this all seems very similar to the new VAT scheme, in that it was designed to target a foreign giant (Amazon), which was barely affected as a result, and instead ended up hurting the competitiveness of the EU's own small businesses the EU Commission's response to small business concerns about that new VAT scheme? "we'll allocate some time to talk about that in…

That's not entirely true - MOSS actually works quite well, and preparing a sales report grouped by country should be trivial no matter what infrastructure you're using.

If you cannot provide a list of sales by country, you maybe should not be running a business.

Re: German court rules Facebook use of personal data illegal

#188

Post by mziel »

TomMarius wrote: post #169
s73v3r_ wrote: post #152

Earlier quoted context omitted.

But I just explained how people don't necessarily have that choice, given that they still collect data on people who are not members of Facebook.

So how exactly do they collect data on people who are not on FB? Through websites with their tracking codes - and that's why the EU introduced so called 'cookie law' that says a website can't track you until you give consent (e.g. by continuing to use the website). There's of course the way of other people giving them your data such as photos of you - but that's illegal and against FB TOS.

I will repeat my comment as you seem to be repeating the same argument.

It's not "consent" as understood by GPDR and ePrivacy. You had no recourse not to give it, therefore it was not willing and informed. Implied consent ("agree or leave") is not deemed sufficient by GDPR. According to the law you can't condition the service you're providing on collecting unrelated (to that service) data.

Re: German court rules Facebook use of personal data illegal

#189

Post by TomMarius »

s73v3r_ wrote: post #161
TomMarius wrote: post #134

Earlier quoted context omitted.

You seem to not understand the difference in location. Of course companies in the EU follow EU laws.

And FB has presence in the EU.

Very limited and if the EU will keep fining them, they will leave - and that will mean the exact opposite of what EU wanta because not having an EU entity doesn't mean they don't continue to have EU users.

Re: German court rules Facebook use of personal data illegal

#190

Post by Grollicus »

hamandcheese wrote: post #55
lima wrote: post #14

Earlier quoted context omitted.

Deeply unattractive business environment for companies exploiting people's personal data without their consent? Good.

If you volunteer your data to Facebook I have a hard time considering you to have been “exploited.”

Actually that's a reason why we need laws like GDPR: I don't have an Facebook account but random websites I visit still have elements embedded from Facebook. I've never agreed for Facebook to store my data but they can only give their word they won't collect my data (which, AFAIK, they don't give).

I've got no recourse against this - or maybe I have because Facebook is big enough that it's worth it to create targeted block lists. But against the next 20 smaller companies who do the same?

This is why there needs to be something else than just blindly trusting everyone out there. Because someone will not play fair if theres a competitive edge to gain.

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