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Facebook will ignore data collection ban issued in Germany over WhatApp rules

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Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#41

Earlier quoted context omitted.

> The goal of fines isn't to make be an extinction level event for a company. Why not, out of curiosity? We don't make this distinction for low-income folks who get parking tickets. If you don't make them truly punitive why comply? It just gets factored into the cost of doing business.

You could just do both: start with relatively modest fines, then escalate if they don't comply.

Yup, that's more or less what I had in mind.

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#42
post #38

Earlier quoted context omitted.

> The goal of fines isn't to make be an extinction level event for a company. Why not, out of curiosity? We don't make this distinction for low-income folks who get parking tickets. If you don't make them truly punitive why comply? It just gets factored into the cost of doing business.

Because you want to encourage compliance — encourage the companies to do the right thing. If you make the fine too high, they’ll be scared and try to hide the offense. But fines and tickets being pegged to income is a good idea. Fixed amounts for fines are really expensive if you don’t make much money. Similarly, they aren’t much of a deterrent if they are a small amount of your income.

I guess, the way I see it, you can offer substantial discounts if they self-report. However, if you take them to court over obvious misbehavior, and they lose, I mean ... have at them. In this case I'd want to see something progressive, starting at X% then going up Y% each month of non-compliance.

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#43

Facebook would rather be booted out than remove data collection, because they (probably correctly) have determined that a service like theirs cannot exist without advertising unless a global ban is created. If they are banned in Europe, the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. Facebook k…

> the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. WhatsApp previously was a paid app and had 500 million paying users.

Technically... yes. But the $1/year was AFAIK not enough to cover costs.

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#44

Earlier quoted context omitted.

> the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. WhatsApp previously was a paid app and had 500 million paying users.

Technically... yes. But the $1/year was AFAIK not enough to cover costs.

Interesting, so this is a lower bound on the value of your data!

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#45

Earlier quoted context omitted.

> The goal of fines isn't to make be an extinction level event for a company. Why not, out of curiosity? We don't make this distinction for low-income folks who get parking tickets. If you don't make them truly punitive why comply? It just gets factored into the cost of doing business.

You could just do both: start with relatively modest fines, then escalate if they don't comply.

Exponentially?

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#46

> "In 2016, the commissioner demanded Facebook stop collecting user data from WhatsApp. In that case, Facebook worked with Germany to iron things out. It does not appear that the social media platform is willing to cooperate this time." This line to me sounds incredibly sinister. For a long time I've been fearmongering about the level of power held by these multinationals approaching those of small states. It sounds…

Germany ist’s a small State. It‘s basically the most powerful nation in Europe. I can‘t see any benefit for Facebook from this. There is a line of thought that Germany decides lots of EU decisions, could we see Facebook banned from the EU? Unlikely, Facebook will probably back down like they did with Austraila, but if things keep escalating after a Germany ban I think an EU ban would be talked about.

> could we see Facebook banned from the EU?

I wish they were banned from the EU, for a variety of reasons. As an American living in Croatia, I can affirm that social media works differently abroad and it is a lot more pleasant.

Facebook is probably exploiting a loophole. The European Commission [1] should make an example out of them.

"More than 90% of Europeans say they want the same data protection rights across the EU and regardless of where their data is processed." [2]

Facebook will lose some in this, but they will reap some benefits, by trying the Germany route, or they would not be attempting this. They probably have some carte blanche (wild card) that they plan on playing.

The EU should make an example of them. Facebook have always been in contempt of the GDPR, and are certainly perpetually violating it.

Data privacy is not a joke. It is a legal framework in the EU. Also, it is about respect of others and not abusing their rights. Yes, it is a right in the EU: "The EU Charter of Fundamental Rights stipulates that EU citizens have the right to protection of their personal data." [3]

[1] European Commission Information: https://europa.eu/european-union/about-eu/institutions-bodie...

[1][2] https://ec.europa.eu/info/law/law-topic/data-protection/data...

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#47

Facebook would rather be booted out than remove data collection, because they (probably correctly) have determined that a service like theirs cannot exist without advertising unless a global ban is created. If they are banned in Europe, the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. Facebook k…

> I would be very surprised if Facebook lost this battle.

What does losing the battle means for Facebook in your view? Continuing to operate in Germany after yielding to it's regulation or, leaving Germany (cutting service for German-based requests) to avoid yielding to the regulation?

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#48

Facebook would rather be booted out than remove data collection, because they (probably correctly) have determined that a service like theirs cannot exist without advertising unless a global ban is created. If they are banned in Europe, the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. Facebook k…

[deleted]

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#49
post #19
post #6

Earlier quoted context omitted.

GDPR only applies to the EU anyway. They can't enforce GDPR in the US. Facebook can always just close their offices in Germany but still serve their website worldwide, and unless Germany wants to implement a firewall to the likes of China, it will be accessible to German residents. The US needs to implement an equivalent privacy law.

Yes, they can enforce whatever they want if the punishment is locking that company out of the EU, the largest internal market in the world. No multinational company wants to lose access to such a huge market. The EU actually has a huge leverage to push things, it just chooses not to exercise that power most of the time.

without the UK the EU is now the third largest (with the RCEP being first)

Re: Facebook will ignore data collection ban issued in Germany over WhatApp rules

#50

Facebook would rather be booted out than remove data collection, because they (probably correctly) have determined that a service like theirs cannot exist without advertising unless a global ban is created. If they are banned in Europe, the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. Facebook k…

> the new service will be pay to use in order to generate revenue. In which case, nobody outside Europe would use it. In which case, barely anyone inside Europe would use it. WhatsApp previously was a paid app and had 500 million paying users.

It had 315M DAU:

https://techcrunch.com/2018/01/31/whatsapp-hits-1-5-billion-...

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