DaphneJan 6, 2023

RT @[email protected]

Breaking: In decisions just out, Meta is not only on the hook for privacy fines totaling nearly €400 million, but it must also — quickly — find a new legal basis for its sprawling targeted advertising empire. 🧵

https://pro.politico.eu/news/158293

🐦🔗: https://twitter.com/vmanancourt/status/1610652904188174338

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Show threadDaphneJan 6, 2023
Can smart EU lawyers with data protection chops help me understand the basic legal proposition of this case?
I get the Art 6 bases for processing, and how Meta’s latest maneuvers (moving from consent to contractual basis) were legally sketchy and made EDPB mad. 1/
Show threadMike Masnick ✅
@daphnehk I am not smart, nor EU, nor a lawyer. But I also raised questions about this... and in response got yelled at for daring to question the GDPR.
Jan 6, 2023 at 7:09amWeb
Show threadWalter van HolstJan 6, 2023
@mmasnick @daphnehk You got screamed at for misrepresenting the GDPR in a rather Silicon Valley way that had grown pretty old by then, iirc.
Show threadMike Masnick ✅Jan 6, 2023

@whvholst @daphnehk I don't know if you were the one doing the yelling, but I find an odd characteristic in all the yelling: silly accusations like "silicon valley way" WITHOUT ANY ACTUAL explanation of what it is people think I got wrong.

I continue to stand by my claims, and the lack of actual explanations of any errors, and just nonsense ad homs, suggests... that it's just some sorta weird GDPR fandom.

Show threadWalter van HolstJan 6, 2023
@mmasnick @daphnehk It is just so tiresome, especially considering that the data protecion principles originated in the US, to see so many US media staying almost willfully ignorant of them. Many of us on this side of the pond are pretty much fed up with that attitude and yes, that may lead to collateral damage. At the same time it is very grating that US media does a better job on reporting on enforcement of the GDPR than European media does.
Show threadWalter van HolstJan 6, 2023
@mmasnick @daphnehk And no, the GDPR isn't holy writ, it has plenty of faults. Just rarely the ones that are attributed to it by US commentators.
Show threadhugo royJan 6, 2023
@whvholst @mmasnick @daphnehk about that Walter, feel free to contribute to https://hroy.eu/posts/gdprExplainedByUS/ :)
The EU General Data Protection Regulation explained by Americans :: hroy.eu

Show threadDaphneJan 8, 2023
@whvholst @mmasnick As principles, yes. But we didn’t create a highly detailed and prescriptive regulatory system around them, or enshrine them into a Charter right that people tend to assume is coextensive with the detailed regulatory rules.
Not saying that’s all bad. Just… you guys stayed on the ride another few decades, and then made choices about how it applied to Internet tech. That’s enough divergent evolution to make data protection very confusing to most Americans.
Show threadWalter van HolstJan 8, 2023
@daphnehk @mmasnick The application of the principles pretty much lead to these outcomes. One of the weak points of the GDPR is that to make it really work it needs adjacent sectoral legislation that is less principle-based and more prescriptive (in that sense I am a fan of HIPAA). All that said, I do get your point. I just would like the confused Americans to acknowledge their confusion and jump a bit less to conclusions.
Show threadMike Taylor 🦕Jan 6, 2023
@mmasnick @whvholst @daphnehk In my experience, "GDPA" is usually an mystical incantation, intended to shut down discussion, rather than part of any chain of reasoning.
Show threadWalter van HolstJan 6, 2023
@mike @mmasnick @daphnehk That is often true, but I wouldn't accuse Mike of doing so and this discussion was about a specific aspect of the GDPR and a ruling of the Irish DPC, so luckily we aren't at that level of disinformation here.
Show threadMike Taylor 🦕Jan 6, 2023
@whvholst @mmasnick @daphnehk Oh, I didn't *at all* mean that Mike was doing that!