GDPR and Boards.ie post removal policy **update linked in OP 24/5/18**

Beasty

dudara wrote: »

It will be interesting to see how this plays out as case law and practical application develops. The GDPR is great step forward, but there are areas for intepretation which will be tested. I've personally learned a lot from working with lawyers over the past year and I'll be following this area with interest in the future.

The 6th EU VAT directive was issued around 2006. Tax cases are still being held at both local and EU levels testing the application of a tax that was established over 60 years ago at both levels, as a relatively "simple" tax

There is arguably less money involved with GDPR (despite the potential penalties), but you can be assured there will be cases going on for many years and probably decades on the topic

I know a lot of people around here are placing their own legal interpretation on all of this, but the ultimate determination of how the laws should be interpreted sits with the European Court

Beasty

Permabear wrote: »

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In my case the IP address I am currently posting from alone cannot be used to determine my ID. In fact some of the other points you mention are much more relevant, but the IP address adds absolutely nothing (and arguably, in my own case, simply adds to potential confusion over who I am)

Permabear

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LoLth

Permabear wrote: »

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while true, this is open to interpretation and also requires proof that the information posted is accurate and does actually contribute to the identification.

I like ice-cream . this combined with my IP address does not in any way identify me as an individual (unless you are an ISP and can look up my lease, in which case its only useful if the ISP intends to send me a present they think I would like).

The problem with aggregate information is the interpretation of the "reasonable effort" required to make the connection. If I were to say that there is utility I can use but no-one else has access to it that can ID you from your IP and hair colour, is that enough to make hair colour personal data for everyone?
At what point does "probably" identify an individual become a concern?

now, even if you post your home address and phone number, that would not necessarily be enough to identify the owner of the IP address posting that data as it could be your neighbours home address and phone number and not yours at all.

it is way too soon to be stating any certainties other that "we dont know yet". The closest thing we have so far is a German case from 2016 (breyer vs germany, where despite the Irish AG previously stating that IP addresses were personal because they could be combined with data to ascertain a users identity (eircom case and available through an Anton Pillar order) , the CJEU ruled that it required certain circumstances to make an IP address personal data (usually that the searcher was an ISP with access to the account info).

link to breyer vs germany discussion: https://www.whitecase.com/publications/alert/court-confirms-ip-addresses-are-personal-data-some-cases

link to data privacy legal opinion from an irish source: initial: https://www.mhc.ie/latest/blog/are-dynamic-ip-addresses-personal-data

revised after Breyer:
https://www.mhc.ie/latest/blog/what-constitutes-personal-data-europes-highest-court-considers-dynamic-ip-addresses

Permabear

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Steve

Permabear wrote: »

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Everyone has a right to believe what they want. However, unless you are member of the judiciary, that belief is just that, a personal belief. It holds no greater sway in a court of law than anyone else's personal belief.

Information that makes a person indirectly identifiable falls as much under the purview of the GDPR as an email address or PPS number. And yes, that even includes the color of a person's hair! That can be defined as a factor specific to a person's physical identity.

If it comes down to individuals trying to protect their privacy by invoking their legal right to erasure, and Boards trying to protect its business model by deleting as little content as possible, I can virtually guarantee that the courts will side with the individual now that the GDPR is in effect. But we'll have to wait and see, I guess.

Yes, wait and see, virtual guarantees are as useful as reading tea leaves imo. Legal professionals are offering their advice to all and sundry, however, I can (non virtually) guarantee that they are also waiting for the first precedent to be set before they nail any colours to the mast on it.

tsue921i8wljb3

I'm seeing a few

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popping up around the site, including from the OP here, who I believe stated he was not going to delete his posts in this very thread. I assume this is the result of GDPR deletions. Are there any statistics available of how many users have availed of the regulations to delete posts?

Bob24

Micah Shrilling Strawberry wrote: »

including from the OP here, who I believe stated he was not going to delete his posts in this very thread. I assume this is the result of GDPR deletions.

Interesting. Looks like the OP actually tried the process and got all the posts on their account deleted, there is nothing left. I can also see that when the posts where quoted, you can still see there was a quote but it also just says that the original post has been deleted as deleted.

salonfire

How can it be a good idea to allow the deletion of so much history on the site.

The posts on here, especially from such a prolific and knowledgeable poster like the OP, are a good barometer of the issues of the time. E.g the economic crash and elections.

OldMrBrennan83

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TheChizler

Gosh that's made the thread a little confusing.

Pelvis Parsley

Another nail in the coffin.

salonfire

It's so ridiculous.

Surely if they need to delete data to comply with the law and protect personal data, then logically everyone's data needs to be deleted.

Laws apply to all people, not just those that request it.

If this catches on and more and more posts are removed, it will destroy boards.

OldMrBrennan83

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the_pen_turner

salonfire wrote: »

It's so ridiculous.

Surely if they need to delete data to comply with the law and protect personal data, then logically everyone's data needs to be deleted.

Laws apply to all people, not just those that request it.

If this catches on and more and more posts are removed, it will destroy boards.

the law does apply evenly. post what you want within the rules. delete if you want afterwards

the_pen_turner

RIP boards and other forums.

Pintman Paddy Losty

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WoollyRedHat

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WoollyRedHat

Patww79 wrote: »

Mind your own.

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WoollyRedHat

Why have some posts quoting Permadelete been removed and some left alone in this thread?

dudara

WoollyRedHat wrote: »

Why have some posts quoting Permadelete been removed and some left alone in this thread?

Can you give me an example so I can look at it? Thanks

OldMrBrennan83

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WoollyRedHat

dudara wrote: »

Can you give me an example so I can look at it? Thanks

Hi Dudara, im mobile and cant see post ids but theres examples on last few pages of this thread (I have max posts per thread displayed).

ETA: 21 pages on the thread currently for me.. there's two posts on previous page, one with quote contents containing `This Post has been deleted`and in another one, content of post that has since been deleted, remains in the poster who is quoting them.

Bobeagleburger

Can the name attached to the post not be deleted, but leave the post? Otherwise it's messy. This thread being a perfect example. The opening post should be displayed.

OldMrBrennan83

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Bobeagleburger

Patww79 wrote: »

This post has been deleted.

Only if it contains personal information.

OldMrBrennan83

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WoollyRedHat

Patww79 wrote: »

People are within their rights to have the posts deleted.

Every single post regardless of whether it reveals personal or sensitive information? In this very thread the initial context of the topic has been lost because the person was able to have every single post removed. I feel this stretches GDPR to it's very limit.


Also is it now policy to delete contents of a now deleted post from a quoted reply, even if there was no personal or revealing information. I have issue with that, as once again it then makes other people's posts unreadable..

OldMrBrennan83

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Bobeagleburger

Patww79 wrote: »

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I never said I wanted my posts deleted. I was making a suggetion for feedback.

You seem very angry.