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PSA: You can't delete photos uploaded to Lemmy. So don't (accidentally) upload a nude
(tech.michaelaltfield.net)
this post was submitted on 04 Mar 2024
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Lemmy is not a singular software or website, every instance on its own need to ensure compliance with their respective laws where they are domiciled.
But if instance A is domiciled in the EU, and the content mirrored to instance B in Zimbabwe, where no right to be forgotten exists, then a user of instance A can't invoke any laws beyond what the local admin can control.
That's amazing for high availability of content - it's essentially mirrored in perpetuity - but a nightmare for privacy advocates. AFAIK there haven't been any court cases related to deletion requests, so that's still virgin territory.
Instances located in Zimbabwe still have to comply with the GDPR, as the law applies to any entity that processes EU citizen's personal data, regardless of where this happens. Instance B would also have to comply with a deletion request, or whatever EU member state the citizen is from will impose a fine and seize assets if necessary.
This is the stupidest claim GDPR makes. It's completely unenforceable and it's attempting to enforce EU law in countries outside of the EU, which goes completely against any norms in international relations.
It absolutely is enforceable, and the EU has already enforced it several times.
The EU can of course try to seize assets, but in many cases they have signed a treaty with other countries stating they have the right to enforce the GDPR within their borders. Think a bit in the sense of an extradition treaty. For the US, this is the EU-US Data Privacy Framework for example.
This means the EU absolutely can, will and has the means to enforce the GDPR abroad.
I don’t see how it could be enforced without this. If you are operating internationally, comply or block your service from regions you cannot legally operate in.
Personally I don’t think Lemmy should comply. It’s an ad free community service with zero PII obligation besides an email and whatever IP you choose to connect from. No one has to be on Lemmy for any common social obligations.
If you want to be forgotten then leave!
Couple of problems with this. First, it's putting the onus on a company that does not operate in Europe to figure out what European law is and to try to comply with it. Why should they have to do that? If you're not operating in an area, you should not have to ever give any consideration whatsoever to the laws of that area.
The second is that, unless I'm misinformed, the EU claims its law applies to any EU citizen, regardless of location. Which means if a Dutch person moves to Australia and uses Australian companies' services, the EU says "hey, Australian company, you gotta do what this Dutch person says with their data". Which is utterly ridiculous.