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Facebook to move UK users to California terms, avoiding EU privacy rules

reuters.com

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Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#61

I thought the plan was that on Brexit all existing EU laws would become UK law, until we decide the change them. Did that not happen in the end?

Yes, that's also my understanding, but EU GDPR refers to data being inside and outside the territory of the EU.

So, transferring your data between the EU and UK will mean you are (now) crossing a data border. That's a change.

I understand that GDPR will immediately split into EU GDPR, and UK GDPR.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#62

This is the balkanization of the internet. We've lived through a brief period of free exchange among peoples, but it's soon over. I predict only one viable future for all technology companies, big and small: Pick a single national jurisdiction, keep your employees and servers inside it.

[flagged]

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#63
post #58

Earlier quoted context omitted.

> Regulations exist to protect consumers and other companies from accusative behaviors. I think this is possibly a bit naive. Regulations also exist to protect powerful people's businesses, to push personal agendas, and to further political aims even if those are not actually in the interests of any consumers. Also sometimes people think they're making a regulation to protect consumers, but actually it makes things w…

1. It's incredibly naive to think that the sole purpose of regulations is to protect powerful businesses. If you think that's the case, what would you describe the purpose of, say, worker safety regulations is? Food inspectors? 2. Of course they further political aims. Anything that has to do with law is political, by definition. This statement makes regulations sound scary and sinister, but actually imparts no infor…

> It's incredibly naive to think that the sole purpose of regulations is to protect powerful businesses.

I listed two other example purposes in my comment alone! So obviously I don't think this.

> Of course they further political aims.

Did you miss the rest of the sentence? I said specifically ...even if those are not actually in the interests of any consumers.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#64
post #25

How these rules apply for people with multiple citizenships and residence? That’s the case with a lot of people in Europe. How to find out to which jurisdiction my FB data is bound to?

Citizenship matters not. Only residency. Just because I'm a Britsh person living in the US doesn't mean I'm not subject to the death penalty or am exempt from having to buy health insurance, for example.

Okay, what does it mean “residency”? In the UK there’s no address registry where you declare your address.

EU citizen works in the UK for 2 years then goes to Turkey for a vacation but likes the place so much, decides to stay for longer when still remote working for the same London company.Also connects through VPN because the Turks love banning websites.

Where this person residence is? Are the UK, USA, EU or Turkish rules apply? How FB would know about it?

That’s not an extreme scenario BTW, it happens all the time.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#66
post #14

"Facebook’s UK users will remain subject to UK privacy law, which for now tracks the European Union’s General Data Protection Regulation (GDPR)" - so, what changes for users?

What changes is that the regulation won't be backed by the EU, so perhaps Facebook sees the UK regulator as toothless, or at least less likely to pursue things?

It would be odd to see the Information Commissioner (the UK's data protection regulator) as toothless, given it has so far been among the most severe in penalising large businesses under the much greater powers it acquired under the GDPR.

This could be more of a strategic move from Facebook, anticipating the UK government wanting a quick post-Brexit trade deal with the US and having limited practical room to manoeuvre in negotiating one. In particular, the UK government presumably doesn't want to commit political suicide, so it's very unlikely to compromise on issues like the NHS or food standards. That means it needs something else, and probably something big, that it can bring to the table. And that could well be favours for US tech firms that are already here, such as agreeing not to go after them for extra taxes and brushing anything resembling privacy protections under the carpet.

Whether that is a good bet for Facebook to make is a different question. If the Johnson administration doesn't manage to seal a deal very quickly -- and it does have a few other things on its plate right now, not to mention a known-hostile incoming Biden administration across the pond -- then there is a decent chance that any future US-UK trade deal will actually be concluded a few years later. By that time, our respective governments might well be led by Kamala Harris and Keir Starmer, for example, in which case Big Tech might have much bigger worries anyway.

But since no-one has a crystal ball, presumably those tech firms are going to try to insulate themselves from unnecessary risk in the fallout from Brexit, and this move by Facebook probably achieves that at a reasonable cost right now, regardless of what might happen some years later.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#67
post #3

Tech companies, or any company for that matter, will do what is best for themselves. Regulations exist to protect consumers and other companies from accusative behaviors. Remove the regulation and the 'we care for your privacy' message disappears with it. Because they never cared for your privacy, they will just doing what was mandatory.

> Regulations exist to protect consumers and other companies from accusative behaviors. I think this is possibly a bit naive. Regulations also exist to protect powerful people's businesses, to push personal agendas, and to further political aims even if those are not actually in the interests of any consumers. Also sometimes people think they're making a regulation to protect consumers, but actually it makes things w…

This is called "Regulatory Capture" and is a form of corruption. It is not /why/ regulation exists any more than the murder of Mr Floyd is why police exist.

Regulatory capture is utterly rampant right now and a huge threat to democracy. This is true regardless of one's personal politics or beliefs about big vs small government or political party of preference. It's a cancer and more dangerous than people think.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#68

Personally, I think the GDPR cookie notifications have severely degraded the user experience of the web. I also think it's become just another "Terms and Conditions" - something that people reflexively accept because they want to get on with using a product. Future regulations with teeth, but don't exist yet, are things like: - Data portability: I should be able to export my entire Facebook account in full in a stand…

> Personally, I think the GDPR cookie notifications have severely degraded the user experience of the web. The absolute vast majority of cookie banners are actually illegal under GDPR. One downside of GDPR isn't the banners, it's inaction by EU authorities which should've cracked down on these practices long ago. 1. Cookies essential for the functionality of your website (such as session cookies) don't need consent,…

What is meant by 4)? So users have the right to see a web site without ads? I think if users don't consent, you should be allowed to block their access to your web site?

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#70
post #25

How these rules apply for people with multiple citizenships and residence? That’s the case with a lot of people in Europe. How to find out to which jurisdiction my FB data is bound to?

I understand that GDPR is based on where the data [edit reflecting comments below:] originates. The law doesn't make reference to citizenship or residency. If you're physically in an EU country then EU GDPR applies to you there; if you're physically in the UK then UK GDPR applies to you there.

GDPR is generally based on where the data is located

That is not correct. Specifically, the counterexample is if you are a EU citizen living in an EU country and the actual bits are stored in a datacenter in Texas. GDPR still applies in this case, as long as the website owner accepts EU users. If the website specifically doesn't do business in the EU, things are different.

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