This is hugely important.
It's also complex and commonly misreported.
FB scared of GDPR's depth & reach, will REDUCE legally enforceable privact protection based on what it is today for most the world.
Let me explain some of the the BIG implications. 1/n
It's also complex and commonly misreported.
FB scared of GDPR's depth & reach, will REDUCE legally enforceable privact protection based on what it is today for most the world.
Let me explain some of the the BIG implications. 1/n
GDPR DOESN'T apply based on EU citizenship. Indeed all non-US/Canadian FB users already governed by Irish data protection law, not their own laws. This is because they are served from FB Ireland contractually, and their data is processed there — in the EU. 2/n
Currently, these 1.5bn people benefit from EU data protection law, which even today, before the GDPR, is likely the strongest in the world. These individuals are going to lose those protections. 3/n
Facebook say they are going to roll out settings worldwide? Facebook's settings are a conservative interpretation of the law not subject to the courts' and regulators' oversight. Here are some examples. 4/n
1. @podehaye asked for data on his FB tracking across the net/apps—not in the Data Download tool. FB said they had it, but it's too much effort so they wouldn't. Under the GDPR, the exemption they used goes. FB'll likely give it after a fight— but to non-EU folks? Fat chance. 5/n
2. FB say they won't stop targeted ads on request. Everyone I've spoken to, even inside competitors, think this is illegal. You maintain a rt to object to processing and/or a rt to withdraw consent. Consent must be specific, not bundled up w a service. reuters.com/article/us-fac… 6/n
it's not just EU w data protection: many countries have somewhat similar privacy law. They don't have the same clear extraterritorial effect yet — eg New Zealand, Australia. These countries are unlikely to stand for their residents falling under lax US law. Watch this space. 7/n
Other implications for the Facebook business model:
they can roll out facial recognition on the backend worldwide without pesky opt-in consent!
they can retain data on browsing history indefinitely!
they don't have to truly delete things when you demand it! 8/n
they can roll out facial recognition on the backend worldwide without pesky opt-in consent!
they can retain data on browsing history indefinitely!
they don't have to truly delete things when you demand it! 8/n
Australians, New Zealanders, S Africans, Indians, and other big FB using countries have not just lost potential GDPR rights/provisions. They have lost EXISTING data protection law. They will now be governed by a country with little that protects them. They should be FUMING 9/n
Oh, and by the way, this is also happening at Microsoft, as LinkedIn tries the same strategy. All that juicy non-EU corporate data ready for flagrant re-use! 10/n
Expect new international laws and a race to the top. If the US doesn't act, expect bad deals like Safe Harbour struck down by @maxschrems-like Australians, Kiwis and the like. Expect uncertainty for big tech firms trying to hide from binding privacy standards in the US. 11/n
And great work by @David_Ingram on reporting this (I'm also interviewed in the piece). He does great and careful work reporting on what happens in social media. Keep it up! 12/12
