Comment on Lemmy's Image Problem
maynarkh@feddit.nl 6 months agoLemmy instances offer services to me as an in-EU data subject, and that makes it subject under the very Article 3/2 (a) you linked.
the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union
Since there is federation, a US-based instance would still be a data processor if it IP blocked be as coming from the EU.
SupraMario@lemmy.world 6 months ago
Read the rest of it, instead of cherry picking shit. The instance needs to be collecting your data and selling it or making some sort of money off of it.
maynarkh@feddit.nl 6 months ago
Where does it say that?
SupraMario@lemmy.world 6 months ago
Lemmy doesn’t sell anything and it doesn’t monitor you or collect pii.
maynarkh@feddit.nl 6 months ago
Anything that someone’s identity can be even indirectly inferred is PII. The GDPR explicitly defines usernames as online identifiers as PII.
The whole “irrespective of whether a payment of the data subject is required” bit is so that it applies to free services like Lemmy as well. Lemmy provides me with a free service. It even monitors me through federation, since it scrapes my username and comments from other instances without my affirmative and explicit consent. Using a service, no matter its nature, is not consent as required by the GDPR.
There is an explicit cutout for services you offer yourself or your household members. The reason it is there is that free services like Lemmy absolutely do qualify.