So, I’m kinda new to this Lemmy thingy and the fediverse. I like the fediverse from a technological standpoint. However, I think that, if we gain more and more traction, Lemmy (and by extend the entire fediverse) is a GDPR clusterfuck waiting to happen. With big and expensive repercussions…

Why? Well, according to GDPR, all personal data from EU users must remain in the EU. And personal data goes really far. Even an IP-address is personal data. An e-mail address is personal data. I don’t think there is jurisprudence regarding usernames, so that might be up for discussion.

Since the entire goal of the fediverse is “transporting” all data to all servers inside the ActivityPub/fediverse world, the data of a EU member will be transported all over the place. Resulting in a giant GDPR breach. And I have no idea who will be held responsible… The people hosting an instance? The developers of Lemmy? The developers of ActivityPub?

Large corporations are getting hefty fines for GDPR breaches. And since Lemmy is growing, Lemmy might be “in the spotlights” in the upcoming years.

I don’t like GDPR, and I’m all for the technological setup of the fediverse. However, I definitely can see a “competitor” (that is currently very large but loosing ground quickly) having a clear eye out to eliminate the competition…

What do y’all thing about this?

  • cwagner@discuss.tchncs.de
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    1 year ago

    You’re confusing “private” with “personal”. My data can be public, but it’s still MY data and I have the right to decide what happens with it and if it should stay public. That’s what the GDPR says and that’s exactly what OP is referring to.

    Yes, and by using a software that posts it to multiple other servers, you posted it everywhere. Now if you want to change that, you’ll have to request a GDPR deletion from every instance you posted it to.

    • hardypart@feddit.de
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      1 year ago

      Now if you want to change that, you’ll have to request a GDPR deletion from every instance you posted it to.

      That’s the interesting point. Do I really have to do that or should I be able to rely on my instance owner that’s located in the EU to take care of that? I’m pretty sure none of us can answer this question. Decentralized services like the Fediverse are probably a new challange for GDPR experts.

      • Scaldart@lemmy.world
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        1 year ago

        I’m not supposing to have any answers either, but from a personal standpoint it seems rather selfish to even entertain the idea of making an instance owner do that. It’s not like these people are getting paid for a service (aside from donations, in some cases); they’re hosting in the spirit of the fediverse. Why would I pawn legal work off to them?

        • infamousbelgian@lemmy.mlOP
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          1 year ago

          You and I are not. But if a certain giant site that is currently making not the… euh… best decisions goes in to action with a large legal team…

          • cwagner@discuss.tchncs.de
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            1 year ago

            What is that site supposed to do? AFAIK all they can do is the same that everyone else in the EU can do: Report it to the responsible DPA who will then work towards enforcement once they get around to it.

            • infamousbelgian@lemmy.mlOP
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              1 year ago

              True… But if it should come to that, I think that people will pull the plug with a 20 million euro fine above their heads… 20 million seams to be the number that works, if you see the reaction of Christian from Apollo…

        • hardypart@feddit.de
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          1 year ago

          it seems rather selfish to even entertain the idea of making an instance owner do that.

          I think you truly underestimate the GDPR, which is fine, because you don’t run a huge Lemmy instance. I just hope the admins of the big instances are taking it more seriously, otherwise this could indeed blow up in their faces one day.

      • cwagner@discuss.tchncs.de
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        1 year ago

        I once again say you are using a software to post your data elsewhere, to a place your instance operator has no control whatsoever over. Now, can the software support you? Sure, but I in the end it’s not their responsibility.

        • hardypart@feddit.de
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          1 year ago

          Sure, but I in the end it’s not their responsibility.

          You guys sound so confident, it’s not even funny. GDPR is a huge topic and everyone who already had to deal with it even marginally knows that OP’s fear is absolutely plausible. The GDPR doesn’t give a shit about causing major inconviences or huge workload for platform admins. Ever heard about the GDPR nightmare letter?

          • cwagner@discuss.tchncs.de
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            1 year ago

            Ever heard about the GDPR nightmare letter?

            The people who wrote it also sound overly confident.

            In the end, GDPR enforcement (afaik done by DPAs, not some competitor) is interested in privacy, not suing people. The first step is contacting the entity in question.

            everyone who already had to deal with it even marginally

            So, like me? Who coded our complete GDPR compliance at work, and was in a call with our local DPA regarding issues they had with our compliance?

            edit: In the end, though, of course this is my opinion. IANAL. But I also know that essentially all serious issues with GDPR are because of companies wanting to violate your privacy, not because a user is using a product as intended.

            • hardypart@feddit.de
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              1 year ago

              edit: In the end, though, of course this is my opinion. IANAL.

              Same here. I’m not sure if I’m right, but neither should anyone else here be sure about this topic.

              But I also know that essentially all serious issues with GDPR are because of companies wanting to violate your privacy, not because a user is using a product as intended.

              What if the product is designed in a way that violates the GDPR? Again, I’m not sure about that, just like OP. We will see how things will turn out… But as an admin of a large instance I’d be carful for sure.

              • cwagner@discuss.tchncs.de
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                1 year ago

                What if the product is designed in a way that violates the GDPR?

                Which I completely disagree with. If this violates, then every tweeting software, every reddit third-party app would also be “designed to violate”, it’s just slightly more obvious what they do which is why I mentioned the ToS thing (that should have said privacy policy).

                • hardypart@feddit.de
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                  1 year ago

                  Which I completely disagree with.

                  I never said that Lemmy is designed in that way, I just say that we can’t be sure.

                  If this violates, then every tweeting software, every reddit third-party app would also be “designed to violate”,

                  Where and how do Twitter or Reddit third party apps store personal data?

                  • cwagner@discuss.tchncs.de
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                    1 year ago

                    Lemmy also only stores it on your instance. Both then allow you to post whatever you want to post to other servers.

          • greeen_tomato@feddit.de
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            1 year ago

            It is a pain for sure if you have to deal with that. I had to read a bit about gdpr back in my old company and I always thought it is more about the protection of personally identifyable information (PII). Like name, IP Adress, email, etc.

            I’m not sure if the gdpr applies to social media posts tbh. Another question is if a pseudonym would be regarded as a PII.