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this post was submitted on 25 Jul 2023
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Ask Lemmy
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So then if someone requests that Gmail delete all their email data, is Google then responsible for making sure any emails sent out from it's server to another is also deleted from those external servers?
Just in case you guys are wondering, there’s probably dozens of us enjoying the fuck out of this conversation. Thank you for asking questions I wouldn’t think of asking. On behalf of all three of us lurking.
Lol yeah this is great.
I don't have the answer but I think of it like this.
Email is essentially a direct conversation between you and someone in the same room but you may extend (cc) to those people in the house. There is an implicit "I am including you in the conversation"
Lemmy on the other hand is more akin to talking to someone in a crowded bar but the conversation is recorded and anyone over the world has the ability to listen to the conversation at any given time.
Apples and oranges.
Interesting perspective, but then cannot we consider that Lemmy users are aware that they are including all of the Fediverse in their conversation? That way Lemmy instances could be treated in the same way email providers are
See https://gdpr-info.eu/issues/right-to-be-forgotten/
Once the "controller has made the personal data public", they have legal obligations. Gmail doesn't make my data public, generally.
Hm, I see. A shortcoming of the law, when they probably did not imagine something such as Lemmy or Mastodon happening. By the way, how does Mastodon deal with that? They've been around for much longer
I checked Mastodon briefly. It appears they are currently not in compliance. There are open issues on GitHub, but nothing looks close.
But the controller is not making the data public. The user is.
I really want to hear the answer to this
See https://gdpr-info.eu/issues/right-to-be-forgotten/
Once the "controller has made the personal data public", they have legal obligations. When you send an email, you are not making it public.
Essentially yes, it's called the Right to Erasure or the Right to be Forgotten. If the user is in a country that adheres to GDPR and the company controlling the data operates in a country that also uses GDPR, then that right applies.
The only reason Google/Gmail wouldnt delete (or wouldn't be able to delete) some of your data would be if they had a lawful or legitimate basis for holding onto it.
I can't think of a reason Google would give for hanging on to your data but that doesn't mean there isn't one, but they'd have to notify you of that reason as part of their response to your request.
Unless these instances are showing ads and selling data, I'm pretty sure they're protected from the law. Not only that but if you're not hosting in the EU that law doesn't apply to you.
The problem here is how does that work? If I host something in the USA, how is someone going to bring a lawsuit towards me if I am also in the USA?
Asking honest questions here. As this just sounds like a lot of chest thumping from the EU.
"Provided your company doesn't specifically target its services at individuals in the EU, it is not subject to the rules of the GDPR."
Just say, we don't provide or target EU individuals and you're free.
Don't allow users from the EU to sign up? Is that your plan?
Seems to be the plan for an increasing number of social media companies. As far as Lemmy is concerned, if it and other related services get killed, that just drives us underground to the darknet and the old tried and true chat services still being used there. As the old saying goes, can't stop the signal, and every empire falls to ruin eventually. We'll see how long it takes for Rome to crumble this time.
Wouldn't it be easier to fix the delete federation bug so Lemmy could comply with GDPR ?
Yeah, but if you don't have any assets in the EU for them to seize, and if you're not present in the bloc yourself it doesn't matter for shit. They have no jurisdiction or ability to enforce unless you really, really want to operate inside of their market at scale.