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Facebook to change user terms, limiting effect of EU privacy law

reuters.com

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Re: Facebook to change user terms, limiting effect of EU privacy law

#181

Earlier quoted context omitted.

Because: a) it is not possible to tear it down and start over with good material/intentions/ethics b) they do not want to change their model, because they are making money from their current practices c) it is a VERY useful tool for evey government's dark/shady practices (gag order + give-us-everything)(exactly what every dictatorship does) d) people need to be protected even if they don't understand the risks (e.g.…

e) 'Black Mirror' was supposed to be a screenplay, not a business plan

Same for 1984

Re: Facebook to change user terms, limiting effect of EU privacy law

#182
post #91

Earlier quoted context omitted.

The GDPR applies to people located within the EU, irrespective of citizenship. So it would protect a US national in Berlin, but not a German national in New York.

By people located you mean residents? Just to be more specific.

No, physically present within EU jurisdiction

Re: Facebook to change user terms, limiting effect of EU privacy law

#183

Earlier quoted context omitted.

I guess they're "just following orders"...

Doesn't apply. If you resign from your job, you stop being paid. If you try and resign from the Armed Forces, you're put in prison at best.

You absolutely can resign from the Armed Forces, otherwise how would there be veterans? The only difference is that you cannot resign mid-operation.

Re: Facebook to change user terms, limiting effect of EU privacy law

#184
post #91

Earlier quoted context omitted.

By people located you mean residents? Just to be more specific.

No, just that's where they are. The law says a US citizen who happens to be in Berlin (maybe on vacation) is subject to German law. Fine says GDPR, I'm EU law, so I apply to that US citizen too.

That's how most of the law works. If I commit a felony while on vacation, I'm subject to the penal code of the country I'm visiting, not the one where I have residence.

Re: Facebook to change user terms, limiting effect of EU privacy law

#185
post #164
post #60

Earlier quoted context omitted.

I agree, but they aren’t completely powerless, either. A CEO of a company that has been convicted won’t be able to visit a conference in London, go on holiday to Paris, etc. for example. Also, any assets on accounts in the EU could be frozen or confiscated.

Not just assets: they have ISPs block access to fb, sure you can get around that but 99% of the population won't bother. Even worse: they can have central banks block payments to fb.

I don't think they'll block facebook.com, that would produce a public outrage. The payment block sounds much more likely.

Re: Facebook to change user terms, limiting effect of EU privacy law

#187
post #91

Earlier quoted context omitted.

By people located you mean residents? Just to be more specific.

No, just that's where they are. The law says a US citizen who happens to be in Berlin (maybe on vacation) is subject to German law. Fine says GDPR, I'm EU law, so I apply to that US citizen too.

That's simplistic. If you kill a Dutch in Berlin, you can be prosecuted by Germany, NL and your own country.

Re: Facebook to change user terms, limiting effect of EU privacy law

#188

Earlier quoted context omitted.

The really, really, really awesome thing about GDPR is that you can't deny service because someone wants to opt out of sharing their data. You actually have to keep their account active and make it work somehow. If you can't, then you are libel for a really huge penalty. I can't add enough smileys to that, so you will just have to imagine them.

> The really, really, really awesome thing about GDPR is that you can't deny service because someone wants to opt out of sharing their data. That's actually pretty horrible. How about freedom of association and freedom to contract? These two are basic human rights. If one thinks their privacy rights are not respected they are free not to associate or contract and same thing for the entity on the other side of the con…

It's not as bad as you imagine. Essentially, you can use data if you have consent, if you need it for a contract, if you need it for some "legitimate interest" (complicated), if you need it for regulatory reasons, etc. So there are plenty of avenues for using the data. The key is that you have to say up front under what "lawful basis" you are using the data. Each "lawful basis" has specific things the user is allowed to do and things the user is not allowed to do.

If you choose the consent lawful basis, then the user is allowed to withdraw consent. In fact, they are allowed not to give consent in the first place. If you choose the contract lawful basis, then the user can't withdraw without cancelling the contract. However, they can object if they believe that there is no reason you need the information to complete the contract. If you choose "legitimate interest", then the user can object and you have to show that the interest is indeed legitimate and that there is no other way to do what you are doing without the private information. One of the things explicitly prohibited is profiling. So it's quite complicated.

The key is that once you have informed the user of how you are going to use their data, you can't change your mind (within the same business context). This means that you have to be very, very careful. If you decide to use consent (in my example), but you should have used contract, then you are in big trouble. If you say that it's part of the contract but it's not strictly necessary to provide service, then you are in big trouble. Etc, etc.

One thing that I think will be very interesting is under what lawful basis FB publishes your real name. If it's consent, then you can withdraw it. If it's contract... do the really need you real name to give you service? Legitimate interest... Yes, potentially, but I don't see how they will get away with sharing your name with the whole world.

I'm very much looking forward to seeing how it pans out.

Re: Facebook to change user terms, limiting effect of EU privacy law

#190
post #178

Earlier quoted context omitted.

> The really, really, really awesome thing about GDPR is that you can't deny service because someone wants to opt out of sharing their data. That's actually pretty horrible. How about freedom of association and freedom to contract? These two are basic human rights. If one thinks their privacy rights are not respected they are free not to associate or contract and same thing for the entity on the other side of the con…

> freedom to contract I think you'll find this libertarian "right to enter into any contract for anything" doesn't exist in EU law. The Charter of Fundamental Rights doesn't list it. It does list the right to protection of personal data.

Pretty sure Freedom of association is at least part of French constitution https://fr.wikipedia.org/wiki/D%C3%A9cision_Libert%C3%A9_d%2...
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