Stross: Klout violates UK privacy laws.

#1

Post by tsellon » Mon, Nov 07, 2011, 12:28 PM UTC

Stross: Klout violates UK privacy laws.
antipope.org

Re: Stross: Klout violates UK privacy laws.

#2

Post by alexchamberlain » Mon, Nov 07, 2011, 1:03 PM UTC

I strongly wonder how many US firms understand EU data laws... Isn't there a campaign against a small company called Facebook and their disregard for our laws?

Re: Stross: Klout violates UK privacy laws.

#3

Post by CurtHagenlocher » Mon, Nov 07, 2011, 1:16 PM UTC

Why does Klout in particular seem to piss off so many people? If the text he cites from the Data Protection law were to be interpreted broadly enough to make Klout illegal in the UK, wouldn't it also cover the information about you that Google and Bing collect and process?

Re: Stross: Klout violates UK privacy laws.

#4

Post by icebraining » Mon, Nov 07, 2011, 1:18 PM UTC

But is Klout incorporated or hosted in the UK or EU? If not, how exactly do they violate UK law? I mean, pornography is illegal in many countries, but that doesn't mean a US pornographic website is illegal, even if it's available to citizens of that country.

Re: Stross: Klout violates UK privacy laws.

#5

Post by MattBearman » Mon, Nov 07, 2011, 1:33 PM UTC

icebraining wrote: post #4

But is Klout incorporated or hosted in the UK or EU? If not, how exactly do they violate UK law? I mean, pornography is illegal in many countries, but that doesn't mean a US pornographic website is illegal, even if it's available to citizens of that country.

But (I'm pretty sure) it would be illegal for someone from a no-pornography country to view a US porn site.

So my understanding is what klout does is 'fine' for US users, but gathering data on UK/EU users is subject to EU data protection laws.

And of course, IANAL

Re: Stross: Klout violates UK privacy laws.

#6

Post by jasonlotito » Mon, Nov 07, 2011, 1:35 PM UTC

alexchamberlain wrote: post #2

I strongly wonder how many US firms understand EU data laws... Isn't there a campaign against a small company called Facebook and their disregard for our laws?

And yet we complain loudly when a service isn't available outside the US.

Re: Stross: Klout violates UK privacy laws.

#7

Post by eftpotrm » Mon, Nov 07, 2011, 1:35 PM UTC

icebraining wrote: post #4

But is Klout incorporated or hosted in the UK or EU? If not, how exactly do they violate UK law? I mean, pornography is illegal in many countries, but that doesn't mean a US pornographic website is illegal, even if it's available to citizens of that country.

And what about those online poker companies that are not based in the USA? Why should they comply with USA law?

If Klout are collecting and storing data on UK individuals, they are subject to UK data protecction law. The ease of enforcing that if they don't have a UK operation is another matter, but they are still interacting with UK users in a way which triggers UK rights under UK laws, with which UK courts could require them to comply.

Re: Stross: Klout violates UK privacy laws.

#8

Post by rmc » Mon, Nov 07, 2011, 1:38 PM UTC

icebraining wrote: post #4

But is Klout incorporated or hosted in the UK or EU? If not, how exactly do they violate UK law? I mean, pornography is illegal in many countries, but that doesn't mean a US pornographic website is illegal, even if it's available to citizens of that country.

Exactly, unless they have a EU office, then they don't have to do anything. (In the same way Mr. Stross is free to say that Taiwan is not part of China (violate PRC law) or deny the holocaust happened (violate German law)).

The reason Facebook is being hounded is because they have an EU incorporated company.

Re: Stross: Klout violates UK privacy laws.

#9

Post by rmc » Mon, Nov 07, 2011, 1:39 PM UTC

alexchamberlain wrote: post #2

I strongly wonder how many US firms understand EU data laws... Isn't there a campaign against a small company called Facebook and their disregard for our laws?

Yes http://europe-v-facebook.org/. It's possible because Facebook has a EU company, and hence is bound by EU law.

Re: Stross: Klout violates UK privacy laws.

#10

Post by icebraining » Mon, Nov 07, 2011, 1:39 PM UTC

MattBearman wrote: post #5

icebraining wrote: post #4

But is Klout incorporated or hosted in the UK or EU? If not, how exactly do they violate UK law? I mean, pornography is illegal in many countries, but that doesn't mean a US pornographic website is illegal, even if it's available to citizens of that country.

But (I'm pretty sure) it would be illegal for someone from a no-pornography country to view a US porn site. So my understanding is what klout does is 'fine' for US users, but gathering data on UK/EU users is subject to EU data protection laws. And of course, IANAL

But (I'm pretty sure) it would be illegal for someone from a no-pornography country to view that site.

Using that analogy, then it would be Stross the one committing the offense, not Klout?

So my understanding is what klout does is 'fine' for US users, but gathering data on UK/EU users is subject to EU data protection laws.

That would be the same as it being illegal for a US site to distribute pornography to a person in a country where it was illegal.

The fact is, unless Klout is hosted or incorporated in the UK or EU, the latter have no jurisdiction over the company, and such their laws don't apply.