• big_slap@lemmy.world
    link
    fedilink
    English
    arrow-up
    29
    arrow-down
    1
    ·
    edit-2
    1 day ago

    self regulation is a joke. a few bad apples always spoil the bunch.

    what needs to happen is regulation, period. force all companies to abide by laws that just make sense, and all these problems go away.

    see: GDPR

    • oldfart@lemm.ee
      link
      fedilink
      English
      arrow-up
      2
      arrow-down
      2
      ·
      1 day ago

      What did GDPR solve? Did we get rid of advertisers sharing data?

      • big_slap@lemmy.world
        link
        fedilink
        English
        arrow-up
        18
        ·
        edit-2
        19 hours ago

        nope, but now we are aware of how many times our data is shared with because of it.

        here’s a short breakdown of what it has accomplished:

        The GDPR lists six data processing principles that data controllers must comply with. Personal data must be:

        Processed lawfully, fairly and transparently.
        Collected only for specific legitimate purposes.
        Adequate, relevant and limited to what is necessary.
        Accurate and, where necessary, kept up to date.
        Stored only as long as is necessary.
        Processed in a manner that ensures appropriate security.
        

        Lawful processing

        Except for special categories of personal data, which cannot be processed except under certain circumstances, personal data can only be processed:

        If the data subject has given their consent;
        To meet contractual obligations;
        To comply with legal obligations;
        To protect the data subject’s vital interests;
        For tasks in the public interest; and
        For the legitimate interests of the organisation.
        

        Data subjects’ rights

        Data subjects have:

        The right to be informed;
        The right of access;
        The right to rectification;
        The right to erasure;
        The right to restrict processing;
        The right to data portability;
        The right to object; and
        Rights concerning automated decision-making and profiling.
        

        Learn how to map your data and establish a lawful basis for processing Valid consent

        There are stricter rules regarding consent:

        Consent must be freely given, specific, informed and unambiguous.
        A request for consent must be intelligible and in clear, plain language.
        Silence, pre-ticked boxes and inactivity will no longer suffice as consent.
        Consent can be withdrawn at any time.
        Consent for online services from a child is only valid with parental authorisation.
        Organisations must be able to evidence consent.
        

        Data protection by design and by default

        Data controllers and processors must implement technical and organisational measures that are designed to implement the data processing principles effectively.

        Appropriate safeguards should be integrated into the processing.
        Data protection must be considered at the design stage of any new process, system or technology.
        A DPIA (data protection impact assessment) is an integral part of privacy by design.
        

        Transparency and privacy notices

        Organisations must be clear about how, why and by whom personal data will be processed.

        When personal data is collected directly from data subjects, data controllers must provide a privacy notice at the time of collection.
        When personal data is not obtained directly from data subjects, data controllers must provide a privacy notice without undue delay, and within a month. This must be done the first time they communicate with the data subject.
        For all processing activities, data controllers must decide how the data subjects will be informed, and design privacy notices accordingly. Notices can be issued in stages.
        Privacy notices must be provided to data subjects in a concise, transparent and easily accessible form, using clear and plain language.
        

        Data transfers outside the EU

        Where the EU has designated a country as providing an adequate level of data protection;
        Through standard contractual clauses or binding corporate rules; or
        By complying with an approved certification mechanism.
        

        Many non-EU organisations that process EU residents’ personal data also need to appoint an EU representative following the end of the transition period. Mandatory data breach notification

        The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.

        Data processors are required to report all breaches of personal data to data controllers.
        Data controllers are required to report breaches to the supervisory authority (the Data Protection Commission (DPC) in Ireland) within 72 hours of becoming aware of them if there is a risk to data subjects’ rights and freedoms.
        Data subjects themselves must be notified without undue delay if there is a high risk to their rights and freedoms.
        

        DPOs (data protection officers)

        You must be able to demonstrate compliance with the GDPR. This includes:

        Establishing a governance structure with roles and responsibilities;
        Keeping a detailed record of all data processing operations;
        Documenting data protection policies and procedures;
        Carrying out DPIAs (data protection impact assessments) for high-risk processing operations; Learn more about DPIAs
        Implementing appropriate measures to secure personal data;
        Conducting staff awareness training; and
        Where required, appointing a data protection officer.
        
        • gigglybastard@lemmy.world
          link
          fedilink
          English
          arrow-up
          2
          ·
          edit-2
          7 hours ago

          that sounds great in theory but a) noone respects this and b) noone enforces this

          i know because i reported a bunch of companies and websites and every time i got a reply “welp, there’s nothing we can do”

          GDRP is useless

          • big_slap@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            ·
            6 hours ago

            a) noone respects this

            well, the websites I frequent always ask me if I want to allow for tracking cookies ever since GDPR was implemented. I think it worked for websites that want to comply with the law.

            also, that’s disappointing to hear about them not taking action on companies that don’t comply. you went through the whole process several times? which country are you located in? I’m just curious 🙂

            • gigglybastard@lemmy.world
              link
              fedilink
              English
              arrow-up
              2
              ·
              3 hours ago

              yeah small companies are scared of it so they all use that cookie notice. i am from slovenia and i reported a few of those websites that literally steal your personal info off a linkedin and sell it in a “business yellow pages” or something. i got so many scam or spam phonecalls selling me all sort of stupid services, practically daily for a while. i reported it to our GDRP inspector or whatever they’re called, some sort of representative to EU’s inspector and they said there is nothing they can do.

              i didn’t do quite the full procedure. you’re supposed to send the company a snail mail notice first and then after a month if they don’t comply you’re supposed to fill out some official forms. I just emailed them and complained that i can’t even find their registered addresses.

              perhaps if i’d done the whole procedure, they could’ve purse it further but i doubt it since those are companies registered in all sorts of tax havens, like panama or curacao. how is slovenian authority or EU one going to purse some fake company from panama?

              and then you have big conglomerates like facebook or twitter who literally rather pay a few million fine and sell data to advertisers than comply and make zero with it or even lose money with compliance.

        • oldfart@lemm.ee
          link
          fedilink
          English
          arrow-up
          2
          ·
          16 hours ago

          So now the adtech companies need to hire a minimum wage person in the EU, and I can write them a letter requesting they remove my anonimized data, doxxing myself in the process. Oh and now I know they’re sharing with 395 partners, as if that wasn’t obvious from uBlock before. And I get to sign a permission to process my data if I want to see a doctor.