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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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Uhuh, suuureeeee. Tell that to any number of fines that has yearly been issued by my country's GDPR oversight agency on ordinary citizens.
GDPR only applies when people file reports and when there are lawsuits. There's literally no shortage of articles of people fined for GDPR violations, all people need to do is search for them.
When someone files the inevitable court case, please let me know. I have some admin behavior bullshit I will be willing to personally get in contact with the lawyers about that I think could help it.
You confuse things. Just read: https://www.compliancejunction.com/gdpr-guideline-for-companies-with-less-than-250-employees/
Not sure how you think individual people can get fined under the GDPR but companies with less than 250 employees can't. This is just about the only exemption:
.... At this point, you realize you are just grasping at straws, right? And ones you are seriously misunderstanding, given your previous less than 250 employees statement.
It's not much, but I would advice you to read the second answer here, https://law.stackexchange.com/questions/29052/do-web-applications-as-hobby-projects-need-to-comply-with-the-gdpr , and seriously think about whether a site with many more users and much more personal data, specially those receiving revenue streams in the form of donations and with a team made up of more than one person https://team.lemmy.world/ , would be more or less likely to be accountable to the GDPR under a court of law than a personal blog.
Ruud should probably be getting in contact with https://autoriteitpersoonsgegevens.nl/contact/informatie-en-meldpunt-privacy-imp or on the telephone Monday to Thursday from 10 a.m. to 12 noon on 088-1805250 if he hasn't already.
Doesn't matter. Lemmy instances are technically "entities" so the law applies to them. You don't have to be a business, just "anything that processes EU citizen's personal data".
Actually I believe it's "residents". You don't need to be a citizen.
It's both indeed, citizens as well as residents.
GDPR applies regardless of any "business". It applies to any entity processing personal data.
Which is incredibly broad by the way. IP addresses and email addresses are personal data too. Same goes for "account data" in a broad sense. So Lemmy does collect personal data, and has to be compliant with the GDPR.
Of course, for a fine there needs to be an investigation and the entity has to not comply with GDPR requests after a warning. And you're absolutely right that devs can't be sued for this, but the sysadmin running the instance can be. But that would only happen after GDPR noncompliance.