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Google is moving EU citizens’ data to US?

andreagrandi.it

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Re: Google is moving EU citizens’ data to US?

#21

Post by three_seagrass »

andreagrandi wrote: post #14
three_seagrass wrote: post #9

How exactly is this illegal? AFAIK, it's not illegal (per GDPR) to process EU citizen data in data controllers if the individual is no longer in the EU. _Edit_: Yes, I read the article. It looks like this person got this email notification because they had activity in London (per their resume on their website). That doesn't make the email illegal nor does it mean their activity in Italy is going to be on a non-EU con…

Have you read the article? Entirely? If yes, can you please tell me since when ITALY is not part of EU? Thanks

Have you VPN'd into the UK or had activity there recently?

It says on your website that you worked in London.

This email is likely a courtesy notification because you had activity in the UK, a UK billing address, or something that put you there, meaning if you have activity there again, the controller will be different.

What this email does not mean is that your Italy based activity is going to a different controller, so how exactly is this illegal?

Re: Google is moving EU citizens’ data to US?

#22

Post by j_koreth »

three_seagrass wrote: post #9

How exactly is this illegal? AFAIK, it's not illegal (per GDPR) to process EU citizen data in data controllers if the individual is no longer in the EU. _Edit_: Yes, I read the article. It looks like this person got this email notification because they had activity in London (per their resume on their website). That doesn't make the email illegal nor does it mean their activity in Italy is going to be on a non-EU con…

The individual in this case is an Italian citizen living in Italy.

Re: Google is moving EU citizens’ data to US?

#23

Post by lucb1e »

bognition wrote: post #2

File a complaint: https://edps.europa.eu/node/75_en

Not the right place. Have you tried doing what you suggested? Because I end up on this page which, as expected, tells me that this is not the right authority: https://edps.europa.eu/data-protection/notre-r%C3%B4le-en-ta...

> Data protection supervision over private organisations such as companies is carried out by national data protection authorities. All EU Member States have at least one such authority.

> You can also take up your complaint with the courts in the relevant Member State.

> The EDPS is not competent for complaints against such private organisations; we can therefore only refer you to the relevant national authorities.

Instead, you can find national authorities here: https://en.wikipedia.org/wiki/National_data_protection_autho...

The authority in the country where the headquarters of the infringing company are will handle your complaint, as per GDPR article 56(1)¹. I don't know what happens if you complain to your local authority, they might just forward it themselves or maybe they'll tell you that you're in the wrong place. It shouldn't matter much since GDPR is EU-wide, so you can just send the same complaint to another address.

¹ https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...

In Google's case this is Ireland, so the correct link would be: https://forms.dataprotection.ie/contact

Note that I am not saying anything about the article, whether Google/Alphabet is wronging anyone, or calling for anyone to file a complaint. If you want to file a complaint based on what others said, this would be the place.

Re: Google is moving EU citizens’ data to US?

#24

Post by braythwayt »

rupert1234 wrote: post #4

It's difficult. You are pretending they are deliberately doing it. No one at Google wants to move your data to the US.

It's difficult for many small businesspeople to do bookeeping, but guess what? If they want to do business and comply with the law, they do it.

If they procrastinate, or do it sloppily, because they decide to do other things with their time than prioritize keeping their books properly, they are deliberately not doing their bookeeping.

It's the same thing with accessibility. People will say, "Our app isn't accessible, but that wasn't our deliberate choice, we just haven't tried to make our app accessible."

Nope. When you chose to spend time growth hacking instead of accessibility hacking, you deliberately chose money over accessibility.

Google does not get a pass because they didn't deliberately set out to do the wrong thing. By not choosing to do the right thing, the right way, they deliberately chose to do the wrong thing.

Re: Google is moving EU citizens’ data to US?

#25

Post by madeofpalk »

three_seagrass wrote: post #9

How exactly is this illegal? AFAIK, it's not illegal (per GDPR) to process EU citizen data in data controllers if the individual is no longer in the EU. _Edit_: Yes, I read the article. It looks like this person got this email notification because they had activity in London (per their resume on their website). That doesn't make the email illegal nor does it mean their activity in Italy is going to be on a non-EU con…

In the article it says that the individual is in the EU. They are a resident of Italy, which is in the EU, so they are within scope of GDPR.

However, I still don't think there's nothing illegal here. AFAIK & IANAL, It's not illegal to process EU resident data in data controllers outside of the EU (in the US).

Re: Google is moving EU citizens’ data to US?

#28

Post by shadowgovt »

KingOfCoders wrote: post #12
kick wrote: post #5

I feel like people don't accept that Google needs the EU less than the EU needs Google. If Google were to pull out of the EU overnight, there'd be death as a result. If the EU were to kick Google out, there might still be deaths, but none of them Google employees, and in the end it wouldn't substantially impact Google. There's no real incentive for Google to be a good actor: they have all of the leverage, and if the…

In which would way would you specifically think of "the EU needs Google"? Startups using Google Office? Google Mail? (I've dropped Gmail and Office a year ago, but I might come back)

Google pulling out of the EU would probably be disruptive for many Europeans, yes.

https://www.theatlantic.com/technology/archive/2015/04/europ...

Re: Google is moving EU citizens’ data to US?

#29

Post by myrandomcomment »

The simple suggestion would be that Google needs to ask for your citizenship status and go from there. Not sure else how to solve that. If I am an American living in the EU for a few years does the GDPR apply to me when I live there? I am going to the EU next week for 10 days. When I access my gmail from the EU what law applies?

Re: Google is moving EU citizens’ data to US?

#30

Post by andreagrandi »

inkeddeveloper wrote: post #17
madeofpalk wrote: post #3

> I'm an Italian citizen, living in Italy [...] and I'm fully entitled to GDPR protection and to have my data owned by a European data controller. I don't think the latter part is true. AFAIK GDPR does not give you the right do have your data owned or processed by an EU entity. GDPR does not say that. It doesn't matter where your data is stored or processed, Google must still follow GDPR rules for data about EU resid…

I think it is the reverse, although I may have misunderstood your statement. GDPR applies to the entity controlling the data, not the resident. So Google LLC is subject to GDPR. Further, an EU citizen is entitled to use Google LLC and by providing services to an EU citizen, Google LLC has to abide by GDPR. So, my understanding is that Google may move an EU citizen's data to a US company as long as the US entity abide…

So, is it legal? I'm happy to amend the article if this is the case, but my understanding (when I initially read that UK citizens were loosing some rights being moved to US) is that moving to Google LLC I will have less privacy rights.

According to their email, they think I'm a UK user:

"because the United Kingdom (UK) is leaving the European Union (EU), Google LLC will now be the service provider and the data controller responsible for your information and for complying with applicable privacy laws for UK consumer users"

But I'm not.

I can't say they are doing this intentionally, but it's surely a mistake and there is no way to reach them for a complain.

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