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Ask HN: Does HN respect the GDPR?

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Ask HN: Does HN respect the GDPR?

#1
Specifically, does HN/Y Combinator plan to allow contributors from the EU to request their contributed content to be deleted after May 25?

Note that they currently do not allow bulk deletes of one contributor's messages, "as that would wreck havoc in the discussion threads".

Basically you can ask nicely to delete some few posts, but if you want to delete all of your contributions you will get a no. This is at odds with the GDPR.

Re: Ask HN: Does HN respect the GDPR?

#4

Are they under any obligation to?

The regulation applies if the data controller, an organisation that collects data from EU residents, or processor, an organisation that processes data on behalf of data controller like cloud service providers or the data subject (person) is based in the EU.

The regulation also applies to organisations based outside the EU if they collect or process personal data of individuals located inside the EU. According to the European Commission, "personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer’s IP address."

https://en.wikipedia.org/wiki/General_Data_Protection_Regula...

Re: Ask HN: Does HN respect the GDPR?

#5
A particularly ugly thing happens if the HN mods for some good or bad reason decide to ban an account: their contributions will be there forever, with no ability to append explanations to previous posts.

This will after May 25 be illegal for services offered in the EU, but I kind of think that the same courtesy should apply to non-europeans.

Re: Ask HN: Does HN respect the GDPR?

#6
I'm not a lawyer, but HN is not established (AFAIK) in the EU, and while it has EU users, it likely does not meet the threshold of actively offering goods or services to EU residents. Being accessible from the EU in itself isn't sufficient to trigger the GDPR.

Re: Ask HN: Does HN respect the GDPR?

#7

For me the question that a lot of people will be asking after 25th May, is what happens if they don't? I would bet on nothing. The GDPR is there to catch the worst offenders, the other 99% of offenders will feel nothing.

> I would bet on nothing. The GDPR is there to catch the worst offenders, the other 99% of offenders will feel nothing.

No. The danger is that Internet goliaths will use the GDPR to intimidate or even shut down smaller competitors. Think of patent trolls, just worse - because the GDPR has really huge fines attached and is damn easy to get wrong in implementations.

While the GDPR was intended to be beneficial to EU consumers, I fear it will end up being most beneficial to lawyers.

Re: Ask HN: Does HN respect the GDPR?

#8
post #6

I'm not a lawyer, but HN is not established (AFAIK) in the EU, and while it has EU users, it likely does not meet the threshold of actively offering goods or services to EU residents. Being accessible from the EU in itself isn't sufficient to trigger the GDPR.

my understanding is that these conditions apply to people in the EU, i.e. that EU residents must be able to delete their content from HN (but HN has no obligation to non-EU residents)

Re: Ask HN: Does HN respect the GDPR?

#10

Are they under any obligation to?

The regulation applies if the data controller, an organisation that collects data from EU residents, or processor, an organisation that processes data on behalf of data controller like cloud service providers or the data subject (person) is based in the EU. The regulation also applies to organisations based outside the EU if they collect or process personal data of individuals located inside the EU. According to the…

So, no?
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