this post was submitted on 07 Jul 2023
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This is just at a really high level. Take for example https://lemdro.id. I am in the UK.
GDPR is very serious and an absolute minefield. I am pretty sure Lemmy and individual instances are not compliant, and I am not sure they can be fully - it may have to be on a best-endeavours basis. Be interesting to see how that holds up under a challenge.
I actually question whether GDPR is up for the task of distributed systems like this.
Like, if you put in a right to be forgotten request to your host server, it's not at all clear that they're responsible for the copies of your content that are being hosted elsewhere, any more than asking a news website to remove your personal information from an article requires them to also hunt down anyone else who has copied and spread the story to remove it, too.
Different Lemmy websites are independently owned and operated, and your local admin holds no authority over other admins. They can request deletion on your behalf, if that's a legal requirement, but they cannot compel action. I'm not even sure they can act as your proxy, given that there's no formal relationship between admins.
Totally, I do wonder how compliant these systems can be!
There's no way GDPR can tell we hosts they are responsible for other platform's copy of data, right? Wouldn't that mean Twitter has to remove tweets from every news article that makes copies, for example, if someone deleted their account under that right?
I mean... It's pretty explicit in gdpr that the "transfer to non-eu servers" part means you can't send it via federation in the first place to non-eu servers unless those servers also adhere to gdpr: https://commission.europa.eu/law/law-topic/data-protection/reform/rules-business-and-organisations/obligations/what-rules-apply-if-my-organisation-transfers-data-outside-eu_en
The answer is that currently federation and Lemmys use of it are not gdpr compliant and the first gdpr case against any Lemmy instance in the eu will force that instance to defederate from all non-eu servers.
It will be interesting to find out!
Why would there be a need for a cookie constent?
It's law to comply with GDPR and the ePrivacy Directive.
There is only one cookie present when I inspect the Cookies with my browsers dev tools. Which seems to be the auth token for my account.
As far as I am aware, a user authentication cookie is classed as personal data and therefore subject to GDPR!
Wouldn't the auth cookie fall into the strictly necessary category?
I'm no expert so hopefully someone will be able to chip in. I know when I have dealt with GDPR stuff, there has been quite a lot of conflicting opinions!
Even if it is not required to get consent for that, I think there is also a requirement around explaining to the user what they do and why they are necessary.
I'm also no expert, just trying to learn more about the topic as it's kind of interesting to see how other people are interpreting it.
Just as an example, this is Reddit's cookie notification compliance - so something similar to this should be presented so that I know what the cookies are used for in plain language and can accept or reject any non-essential cookies. I should also be able to give or withdraw my consent at a later time.
Holy shit that is quite a lot