Try to understand what is even personal data from this:
https://ico.org.uk/for-organisations/guide-to-data-protectio...
It is all about risk, ambiguity and individual circumstances. I dont think that is bad, but there is no clear record of what it even is we are meant to protect.
If you're in the business of "doing free services so you can skim GB's of data from users" or you "sell wholesale data collected without notice", the EU doesn't want you.
If you're doing a good job of keeping user data private except at the direct request of a user in a plain-language direct permission, then you're doing a good job to the GDPR. Slipups happen, and as long as you do your best to stop the bad thing, limit the breach, notify users, and be a good steward for their data, then it's all good.
As a US citizen, I try to make a point to only work with companies that adhere to the GDPR. I know they don't have to do so with me. But it tells me their internal processes are set up to respect the user's rights. And well, running dual systems for different compliance regimes is a tough sell - its easier to do 1 big system.
If that regulator happens to like you. There is no schedule of offenses and penalties and due process, only an absurdly high maximum for selective enforcement.
Overall I support the regulations, but I really wish the penalties had more documented structure than “We will fine you anywhere from 0 to an 8 digit number (in our case) depending on what we think is right”.
There is no explicit schedule – that could be gamed – but that doesn't mean regulators can act arbitrarily. Punishments have to be proportional to the infraction, similar cases have to be treated similarly... The GDPR just does not spell out how public authorities work.
It actually does say that punishments have to be proportional IIRC. I'm not sure if that actually makes a legal difference or if it was included to make the GDPR easier to understand.
Only if you lose.
> very expensive legal battle
EU ≠ USA
>That same government that regulates your business.
So what? If you have a grievance with an entity, that's the entity you have to fight a lawsuit against.
>EU ≠ USA
I don't see why this changes anything. Lawyers still cost a lot of money. They might not seem like they cost a lot of money to Americans, but that's because Americans earn a lot more money.
>So what? If you have a grievance with an entity, that's the entity you have to fight a lawsuit against.
One of the grievances people have against GDPR is that they don't like how GDPR's enforcement depends so much on the individual person at DPAs. You'll still have to deal with the person afterwards that you sued.
Yes. Each party paying their own fees is a uniquely American thing.
> I don't see why this changes anything. Lawyers still cost a lot of money.
Prohibitively high lawyer fees are a uniquely American thing. The ECHR guarantees practical and effective access to the courts.
> One of the grievances people have against GDPR is that they don't like how GDPR's enforcement depends so much on the individual person at DPAs. You'll still have to deal with the person afterwards that you sued.
That Americans have against the GDPR. Given that the people who actually have experience with European authorities and law don't see these issues, it's very likely they don't exist.
You don't necessarily have to deal with the same person. Even if a DPA always assigns the same person to you, there is no oversight, that person is petty and cares more about harming you than about their job: We have rule of law and a functioning court system. And I can't help but find these continuing insinuations that we don't pretty insulting.
I have, and it is definitely ambiguous. To take a simple example, consider all of the cookie warnings that you now see. Intelligent and informed people disagree on whether they are required, enforceable, or sufficient.
There's something so naive or earnestly human about them. If the U.S. kept being the only relevant legal force on the Western Internet, we'd mull around in gray areas forever.
It also covers an astonishing amount of industrial sensor data used solely for industrial purposes. Unfortunately, for many high-scale industrial sensor data models the technical infrastructure required for compliance literally does not exist. In some cases we don't even have the computer science required to build the compliance infrastructure. But the vast majority of people would be very upset if the business model of some of these companies became "unpractical" and had to go away because GDPR compliance is effectively impossible. No amount of trying to do the "right thing" will make these industrial companies compliant.
There is gross misconception that GDPR only affects ad tech companies or retail or companies with business models involving people. This is far from the case.
In all of my reading it's been personal data, and definitely wouldn't apply to the things people would usually associate with "industrial sensors" eg. Carbon monoxide levels in a space, or even occupancy data (eg. for lighting/HVAC control) so long as it simply reflects whether an area within a building is occupied.
What's the specific requirement, and what makes it unattainable?
What people don't immediately grok is (1) just how many industrial sensor systems there are these days operated by diverse organizations -- almost every sensor type on an autonomous car, for example, is also widely used in many other industrial contexts, (2) the scale of sensor coverage in most places people occupy indoors and outdoors, which is far beyond what they typically imagine, and (3) how many of these sensors can be used to incidentally identify the presence of a person at a place and time, sometimes in very non-obvious ways. A single sample from a single sensor may not be identifiable but multiple samples from multiple sensor modalities often is. And the sensor modalities used for industrial sensor systems are increasing in diversity and resolution very quickly, which makes it even easier.
Humans perturb the environment they move through, and we have enough environmental sensors now that we can often track those perturbations across the sensor modalities to create a fingerprint. People have a difficult time imagining how easy this can be in practice until they've seen it done.
Power is used by a house. The meter runs. You pay the bill. The house has an address and a point of contact.
Power is used by the house. Machine learning is applied to map each individual and how they live in said house. The data is then sold to target things the ML algo picked up. You pay the bill. The house has an address and a point of contact, along with a detailed profile of each human in said domicile.
Same sensors exist, yet one violates the GDPR and the other one does not. Can you guess which one?