GDPR Avoidance

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Revision as of 12:55, 19 August 2020 by Tom (talk | contribs) (An Example)

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Full Title

The GDPR is well-stocked with 40 different avoidance techniques.

The Indictment

  • Lawyers that charge client over $500 per hour have been at work first filling the GDPR with exemptions and now are teaching companies how to exercise those exceptions.
  • The net results of these legal efforts is that the [[GDPR_is_a_scam#The_GDPR_was_never_meant_to_apply_to_EU_Governments_or_Businesses| GDRP was enver meant to apply to EU Governments or Businesses].
  • This is not an indictment about legal activity as the lawyers have assurance that their exemptions are legal, but against the perversion of what appears to be a consumer friendly law that does not meet it objectives.

An Example

This example will show how one standard has been created with the sole purpose of skirting the GDPR law. It does this by claiming that its goal is to help companies reduce the cost of complying with money-laundering legislation. Since support for efforts to reduce international crimes like drugs or pedophilia has a high level of support, any effort to achieve those objectives should be a good idea. So, the OpenID Connect for Identity Assurance 1.0 specification[1] was created to allow the German banks want to right to send all of your credential information from driver's licenses and passport to their customers.

This analysis of the OpenID spec is comparing it to the prescriptions and proscriptions of the GDPR itself. It does not consider the exceptions. If you want an exception so that you can continue doing whatever it is that you do, hire an expensive lawyer. She will be happy to provide an opinion that the spirit and letter of the GDPR do not apply to you. The biggest exception is Article 1, paragraph 3 (A1P3) which allows free flow of data within the EU after it is first collected. So we focus on the first collection of data, which seems to be the only place the user has any control at all. First will skip over the 173 "whereas" clauses, which also prevent the implementation of the OCIA terms and go straight to the articles.

Data Minimization (A5P1d) - "adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)" The issue for OCIA is "limited to what is necessary: there is no case made that the data collected in OCIA meets this restriction. Just because a bank claims that data is necessary does not make it so. It should be recognized that there is a long tradition of using personal attributes to determine assurance which is documented in NSIT 800-63 version one. The point is that alternate methods exist and were offered to the OCIA developers, but it was rejected because that "is not the way we do things".

Other examples

If the huge fines against Google were not enough, the recent attempts to exempt every entity operating inside the EU ought to provide plenty of evidence that the GDPR is nothing more than an effort to extract money from successful Silicon Valley companies. See the following stories:

  1. The EU Parliament voted to collect all residents biometrics data into a single data base.[2]
    1. The OpenID Foundation, OpenID Connect for Identity Assurance 1.0 (OCIA)
    2. Catalin Cimpanu. EU votes to create gigantic biometrics database. Zero Day (2019-04-22)