Comment on EU ruling: tracking-based advertising by Google, Microsoft, Amazon, X, across Europe has no legal basis

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9bananas@feddit.org ⁨1⁩ ⁨day⁩ ago

no, that’s wrong.

hi, i work in the EU, and the GDPR and related legislation is a big thing we regularly have to consider in our work.

“personal data” is NOT anything connected to your username.

“personal data” (more correctly, and usually, called PID; Personally Identifiable Data) is data that can be used to identify you, the natural person, not your online persona.

that means: your Social Security Number, your Passport Info, your Drivers License, your Date of Birth in combination with your Birth-Name/Real Name, your Home Address, your religious affiliation, your gender, your sex, your fingerprints, your DNA, etc.

anything that can be used to clearly identify you in real life.

so, for example, if a company requires your phone number and passport to register, they are not allowed to give that to any third party, without the users explicit consent. “Mr. Karl Marx, born 05. May, 1818 in Trier is our customer and here is his passport, phone number, home address, and all the associated data we have on him” <-- this is NOT ok under the GDPR.

on the other hand “OGcommunist1818 posted {seize the means of production today, comrades!}, at 10:30 am, CET, on server 127.0.0.1, which was sent to 10.0.0.1, 10.0.0.2, and 10.0.0.3, into their respective local storage” <-- this is perfectly fine under the GDPR, because none of that is clearly tied to the natural person: “Karl Marx, born 05. May in Trier”, even if it really was Karl that posted that, and even if we can guess from the username that it was probably Karl that posted that comment.

sending comments you make, your votes, your posts, etc., to another server is completely fine by the EUs data protection laws for 2 reasons:

Our data protection/privacy laws are mostly concerned with data being sent WITHOUT user consent (through sale to third parties, data dumps, data leaks, hacks, etc.), they do not protect you from sharing your personal info with strangers of your own volition.

so, no, the EU does not forbid the fediverse and there certainly are no laws to support that notion.

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