this post was submitted on 05 Jul 2023
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As the Fediverse grows more and more, rules and regulations become more important. For example, is Lemmy GDPR compliant? If not, are admins aware of the possible consequence? What does this mean for the growth of Lemmy?

Edit: The question "is Lemmy GDPR compliant" should mean, does the software stack provide admins with means to be GDPR compliant.

Edit2: Similar discussion with many interesting opinions on lemmy.ml by /u/infamousbelgian@waste-of.space--> https://lemmy.ml/post/1409164

Edit3: direct link to philpo great answer-->https://feddit.de/comment/840786

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[–] MentalEdge@sopuli.xyz 7 points 1 year ago (3 children)

Lemmy is GDPR compliant, as far as I know.

Admins can entirely purge you off their instance, should you ask them to, and other servers do not store any personal details that GDPR would require be deletable. By most interpretations.

It can be argued that previously federated data that is now out of reach and as such cannot be deleted, could constitute a breach of GDPR.

[–] Contend6248@feddit.de 4 points 1 year ago* (last edited 1 year ago) (1 children)

Personal data posted by the user also falls into this, so they might have to force deleting on any instance hosted by organizations. Individuals or small teams running instances which don't take money don't need to comply to GDPR.

[–] aski3252@lemmy.world 4 points 1 year ago

Individuals or small teams running instances which don’t take money don’t need to comply to GDPR.

Are you sure about that? So if I hosted a website that shows your name and address, you could do nothing to make me take it down because I'm not an organisation or company?

[–] skullgiver@popplesburger.hilciferous.nl 4 points 1 year ago (1 children)

Many versions of Lemmy haven't been deleting data at all, merely setting a flag in the database that a post has been deleted rather than actually getting rid of the contents.

As for federated data, deletes do federate. I would say that a server ignoring an authorized delete request would be in violation of the law, but then there's the matter of a lack of any data processing agreements with other servers.

I do wonder what the legal implications of servers ignoring deletion requests are. Would Facebook be on the hook for deleted data still being stored on a scraper's server? Would LinkedIn be liable for all of those sketchy mirrors online? I personally don't think so. On the other hand, federation is push based, rather than the result of responding to a request from a third party.

[–] MentalEdge@sopuli.xyz 0 points 1 year ago (1 children)

There's not just ignoring the request.

An instance can simply be offline when the request is made. Or be defederated.

Defederation is an interesting issue. Perhaps deletes and updates should always be federated, as long as they're authorized with the proper signature. I honestly don't know how that's implemented.

That said, I'm sure someone contacting the server admin will be able to get their data corrected or deleted.

Offline servers should get the deletes in most federated software. I've seen some slightly troubling modifications to Lemmy (disabling the retry queue because offline servers were clogging up the scheduling mechanism) but that's not standard as far as I know.

[–] randomaccount43543@lemmy.world 2 points 1 year ago (1 children)

Other servers do store personal data. Any post or comment made by a user is personal data as it contains the thoughts/ideas of that user.

GDPR Art 4.(1) 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

[–] MentalEdge@sopuli.xyz 1 points 1 year ago (1 children)

That's one interpretation. One I illuded to.

But you can also argue that if the person who made the comment is unidentifiable, there is no "natural person" to make the data GDPR related.

[–] aski3252@lemmy.world 2 points 1 year ago

Well that depends on the comment, doesn't it? As far as I understand it, if I posted personal information about you, such as your name, home address, etc, in a comment, you could demand from the admin to remove that comment as it would contain personal information you don't want in the open.