Difference between revisions of "GDPR"

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(Created page with "==Full Title or Meme== The General Data Protection Regulations (GDPR) of the European Union ==Context== Is simple language required?")
 
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==Full Title or Meme==
 
==Full Title or Meme==
The General Data Protection Regulations (GDPR) of the European Union
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#The General Data Protection Regulations (GDPR) of the European Union
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#[https://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=CELEX:32016R0679&from=EN  REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016]
  
 
==Context==
 
==Context==
  
Is simple language required?
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#Above all else, GDPR represents the ongoing battle between unfettered capitalism and human dignity.<ref>Brett M. Frischmann, quoted in Samuel Greengard, ''Weighing the Impact of GDPR''. '''CACM 61''' (2018-11) p. 16ff </ref>
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#A good source of material on the EU GDPR is available at this [http://eugdpr.org site].
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#The [[GDPR is a scam]] page describes some of the problems with the regulations.
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Clear and plane language is required by the where-as paragraph 39. "The principle of [[Transparency]] requires that any information and communication relating to the processing of those personal data be easily accessible and easy to understand, and that clear and plain language be used"
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Guidelines on [[Transparency]] have been published http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227
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==Problems==
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* This regulation is an attempt to regulate the impact of the large scale gathering of user data by large US-based corporations.
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* This regulation raised hopes of privacy advocates, but in the end failed to deliver.<ref>MATT BURGES, ''How GDPR Is Failing'' (2022-05-23) Wired https://www.wired.com/story/gdpr-2022/</ref>
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* Some of the reason why GDPR is poorly conceived is described in the wiki page [[GDPR is a scam]].
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==Solution==
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* One (and only one) nation in the EU is determined to be competent to penalize a company for violations. The first case adjudicated on GDPR was against Google and resulted in a fine of 50 Million euros. [https://www.cnil.fr/en/cnils-restricted-committee-imposes-financial-penalty-50-million-euros-against-google-llc Details are at the CNIL site.] (2019-01-21)
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* [https://www.ereg-association.eu/news-items/data-protection-commission-adopts-adequacy-decisions-for-the-uk/ DATA PROTECTION: COMMISSION ADOPTS ADEQUACY DECISIONS FOR THE UK] 2021-06-28 which means the GDPR still applies in the UK.
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* The cost of non-compliance cans be an existential threat to the continued existence of the corporation [https://techcrunch.com/2019/03/30/covert-data-scraping-on-watch-as-eu-dpa-lays-down-radical-gdpr-red-line/ as described in this article.]
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==References==
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<references />
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===Other material===
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*[https://www.rsa.com/content/dam/premium/en/white-paper/harvard-business-review-living-in-gdprs-world.pdf Harvard Business Review Article].
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* The wiki page at [[Right to be Forgotten]] describes some of the challenges that are to be expected from this legislation.
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* The wiki page at [[GDPR Avoidance]] describes the machinations that companies go through to avoid both the letter and the spirit of the [[GDPR]].
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[[Category:Legislation]]
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[[Category:Glossary]]
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[[Category:Privacy]]

Latest revision as of 11:05, 25 May 2022

Full Title or Meme

  1. The General Data Protection Regulations (GDPR) of the European Union
  2. REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016

Context

  1. Above all else, GDPR represents the ongoing battle between unfettered capitalism and human dignity.[1]
  2. A good source of material on the EU GDPR is available at this site.
  3. The GDPR is a scam page describes some of the problems with the regulations.

Clear and plane language is required by the where-as paragraph 39. "The principle of Transparency requires that any information and communication relating to the processing of those personal data be easily accessible and easy to understand, and that clear and plain language be used"

Guidelines on Transparency have been published http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Problems

  • This regulation is an attempt to regulate the impact of the large scale gathering of user data by large US-based corporations.
  • This regulation raised hopes of privacy advocates, but in the end failed to deliver.[2]
  • Some of the reason why GDPR is poorly conceived is described in the wiki page GDPR is a scam.

Solution

References

  1. Brett M. Frischmann, quoted in Samuel Greengard, Weighing the Impact of GDPR. CACM 61 (2018-11) p. 16ff
  2. MATT BURGES, How GDPR Is Failing (2022-05-23) Wired https://www.wired.com/story/gdpr-2022/

Other material