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Police misconduct: Search discipline records for thousands of cops

usatoday.com

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Re: Police misconduct: Search discipline records for thousands of cops

#31

Post by _m7bj »

tzs wrote: post #29
_m7bj wrote: post #17

Earlier quoted context omitted.

>I imagine they get a pretty low amount of EU traffic, and so went for the least effort path to deal with GDPR. But they haven't actually dealt with it. This is a common misunderstanding among websites that do this. EU citizens are not required to identify themselves to you preemptively for GDPR to apply. If I connect to their website via a US VPN and they start tracking me without asking my consent assuming I'm from…

Article 37 says that a DPO is needed if the controller and processor (a) is a public authority or body (except for courts), (b) their core activities require regular and systematic monitoring of data subjects on a large scale, or (c) their core activities include processing on a large scale of special categories of data from Article 9 or data related to criminal convictions and offences referred to in Article 10. It…

In fairness, you're probably right about them not requiring a DPO. I thought that was required for any organization over a certain size, but it seems it's required for any sized organization that tracks people with a certain amount of enthusiasm. A court would have to determine if they meet that criteria, I guess.

However, with response to this:

>but their US site seems like it would be out of scope for GDPR according to Article 3, because it is not offering goods or services to data subjects in the Union.

You're referring to Article 3.a. The argument on whether the US site is offering services to EU citizens if it does not take active steps to forbid VPNs or place "are you currently in the EU?" gates in place is something only a court could rule on.

However, more importantly, you're skipping over 3.b.

>the monitoring of their behaviour as far as their behaviour takes place within the Union.

That's unquestionably happening for anyone in the EU that uses a VPN to connect to their US website. Hence, their GDPR obligation is not discharged if they are under EU jurisdiction.

The GDPR does not lay out a set of ways to handle EU citizen data. If you ctrl-f search "citizen" in the GDPR document[1] you'll get no hits. It lays out the way /companies are expected to handle personal data/. Americans may not realise this, but they have the right under EU law to file GDPR requests against EU companies. They may even be able to file them against American companies, although which companies are or are not in scope gets complex at that point and I really don't know enough about who is incorporated or has subsidiaries where to know which companies that would work against if it came down to lawyers in courtrooms.

The point is, if a company falls under the territorial scope, they have to extend GDPR rights to /everyone/, because it's not about who you're allowed to track, it's about how you're allowed to use tracking technologies.

[1] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELE...

Re: Police misconduct: Search discipline records for thousands of cops

#35

Post by jMyles »

Deestan wrote: post #34
Trias11 wrote: post #25

Is setting up a speed traps and harassing motorists for money instead of fighting crime is not a misconduct?

"Harassing" people for speeding is one of the things we have the police for.

Traffic laws can easily be enforced mechanically in a far more dispassionate way than the effect lottery-system-slanted-by-privilege that we have today.

Re: Police misconduct: Search discipline records for thousands of cops

#36

Post by 14 »

kccqzy wrote: post #28

Not all of these would today still be considered "misconduct" however. Some officers are decertified because of sodomy.

Sodomy is a fancy term for homosexuality at times. One could be charged with sodomy for having gay sex when it was illegal. Which wasn’t all that long ago in Canada

Re: Police misconduct: Search discipline records for thousands of cops

#37

Post by mhuffman »

I made a complaint on an officer once and the next day his supervisor (who is Chief of Police now) called me up and said,

"... are you suuure you want to go through with this? Because if we investigate and can't prove any wrong-doing, we will charge you with filing a false complaint!"

Now, I didn't back down and got a letter from them saying, "we investigated and, although we are not going to tell you the outcome for privacy reasons if there was anything we would have given the appropriate punishment," or something along those lines.

I think that a civilian-oversight board (and I am fine with making them have security clearances) that can look into these once a year to make recommendations to the City Commission is not too much to ask for considering this is paid for with tax money and currently has little to no oversight.

Re: Police misconduct: Search discipline records for thousands of cops

#38

Post by molyss »

TheRealPomax wrote: post #12
Shivetya wrote: post #9

There are two things that must happen before any movement will occur on this front. Bringing the abuses to even more exposure can help both occur. 1) Reign in qualified immunity for both law enforcement, prosecutors, and politicians. 2) End the influence of the Police and Sheriff public employee unions over politicians. People carp constantly about corporate influence don't understand the level the public sector empl…

Scope creep - (1) doesn't need to include "prosecutors and policians", those can come later. In fact, keeping immunity up for those two for the first decade or two means they're in a much safer position to call out the police force without having to fear legal reprisal over having (inadvertantly, or intentionally) collaborated with them. Dismantle it in stages, because trying to do it all on one go is a recipe for fa…

That's a very interesting take. I feel like they're all very urgent to tackle.

People are losing faith in the political system and I fear they are also losing faith in the judicial system.

Do you think the people would be OK with more oversight on the lower level of the executive branch, but none on the legislative or the judicial branches nor on the top level of the executive branch (the president, in the US of A and in at least a few other countries) ?

Also, it's worth noting that laws are usually not retroactive, AFAIK, meaning that if you commit what would be a crime under a new law before that law was passed, you can't be prosecuted.

Re: Police misconduct: Search discipline records for thousands of cops

#39

Post by dontbenebby »

mhuffman wrote: post #37

I made a complaint on an officer once and the next day his supervisor (who is Chief of Police now) called me up and said, "... are you suuure you want to go through with this? Because if we investigate and can't prove any wrong-doing, we will charge you with filing a false complaint!" Now, I didn't back down and got a letter from them saying, "we investigated and, although we are not going to tell you the outcome for…

>I made a complaint on an officer once and the next day his supervisor (who is Chief of Police now) called me up and said, "... are you suuure you want to go through with this? Because if we investigate and can't prove any wrong-doing, we will charge you with filing a false complaint!"

I'd ask him to send me that in writing so I can prep my attorney.

Re: Police misconduct: Search discipline records for thousands of cops

#40

Post by gruez »

dontbenebby wrote: post #39
mhuffman wrote: post #37

I made a complaint on an officer once and the next day his supervisor (who is Chief of Police now) called me up and said, "... are you suuure you want to go through with this? Because if we investigate and can't prove any wrong-doing, we will charge you with filing a false complaint!" Now, I didn't back down and got a letter from them saying, "we investigated and, although we are not going to tell you the outcome for…

>I made a complaint on an officer once and the next day his supervisor (who is Chief of Police now) called me up and said, "... are you suuure you want to go through with this? Because if we investigate and can't prove any wrong-doing, we will charge you with filing a false complaint!" I'd ask him to send me that in writing so I can prep my attorney.

Great in theory, but sounds like a good way to be targeted by the police.
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