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Updated GDPR policy and new Terms of Use

  • 03-12-2018 2:13pm
    #1
    Boards.ie Employee Posts: 5,461 ✭✭✭✭✭
    Boards.ie Employee


    Hi all,

    Since the General Data Protection Regulations (GDPR) and the Data Protection Act 2018 came into effect on May 25th we have been keeping an eye on its impact on Boards, and for any new information and legal guidance that comes to light.

    Boards, as a service, needs content in order to be useful, and the negative impact of our current policy of deletion in response to erasure requests has been quite significant. Just look at the original GDPR thread in Feedback, for example, which is completely illegible and has been rendered completely worthless to any future reader.

    Of course, protecting users' rights to control over their personal data is of utmost importance to us. To balance these two elements, we will be changing how we handle erasure requests from this point onwards.

    When we receive an erasure request, we will anonymise all of that user's personal data which is known to us. This anonymisation will render the data incapable of identifying the user, either on its own or in combination with other data we hold, meaning it is no longer “personal data”. This means that we will replace a user's username with a randomised character string within each thread. This character string will be replaced by an alternative string in a different thread. In this way, it will not be possible to use breadcrumbs of information to identify a user.

    As is the case now, if you have included personal data such as your name, e-mail address or other personal data in a post, please contact us at datarequests@boards.ie with the link to the post to request this data be redacted. We will delete personal data in posts if it is notified to us in this manner.

    We will also delete personal data from your user profile in the database, which will result in the closing of your account, as Boards needs certain pieces of personal data in order to be able to provide a service.

    Approaching Boards' 21st birthday, we have delved into some threads from down through the years and it would be a tragedy to lose content that provides some insight into Irish society, thinking, and outlooks at those points in time. I'm sure many would agree that we love archived footage thanks to Reeling in the Years, and threads of old can provide a similar snapshot. Just look at the threads created in response to 9/11; the 8th Amendment Referendum; the Grenfell fire; the moment Johnny Sexton knocked over a drop goal against France to set us on our way to winning a Grand Slam; heavy snowfalls; and ongoing threads such as the Brexit Discussions; those regarding Donald Trump; and many more historic threads.

    Taking these steps in relation to GDPR will allow us to ensure users' rights are protected, while enabling us to preserve content and continue to provide content, information, and discussions to users.
    Post edited by Shield on


«134

Comments

  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    In addition to this review, we have updated our Terms of Use, Privacy Notice, and Cookie Policy, which you can see on the dedicated pages.

    Terms of Use: https://www.boards.ie/content/terms?site=desktop
    Privacy Notice: https://www.boards.ie/content/privacy
    Cookie Policy: https://www.boards.ie/content/cookie


  • Registered Users, Registered Users 2 Posts: 25,644 ✭✭✭✭Timberrrrrrrr


    I'm sure some will moan about this decision but personally i think it's a great work around, no more "blank spaces" where once there were posts. It was getting to a point where some threads would be unreadable anymore due to full deletion of a user's posting history.


  • Moderators, Social & Fun Moderators Posts: 28,633 Mod ✭✭✭✭Shiminay


    If the Catholic Church is allowed to claim that their Baptismal records are a matter of historic significance and are therefore exempt from deletion requests (as they told me when I asked for them to remove me from their records), then the same must be said for Boards.ie's long list of conversations about the every day and the extraordinary of Irish life over the last 20+ years.


  • Registered Users, Registered Users 2 Posts: 4,508 ✭✭✭sioda


    This is a great step tbh. Well done lads. The amount of large threads ruined by mass deletion is significant.


  • Banned (with Prison Access) Posts: 2,492 ✭✭✭pleas advice


    Ironic that these issues were discussed in that original thread, and the current solution suggested, I wonder was someone reading over a cached copy of the thread...


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  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    What is the plan for posts that have been quoted?


  • Boards.ie Employee Posts: 12,597 ✭✭✭✭✭Boards.ie: Niamh
    Boards.ie Community Manager


    The username in a quoted post will also be anonymised with the same random string of characters as the users posts in that same thread.


  • Closed Accounts Posts: 907 ✭✭✭Under His Eye


    Are currently deleted posts going to be resurrected?


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee




  • Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    Mark, 56 was the answer when I last asked you for figures for the number of users that had requested deletion. I wonder has this number increased greatly for this change in policy?

    https://www.boards.ie/vbulletin/showpost.php?p=107664230&postcount=948


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  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 77,497 Admin ✭✭✭✭✭Beasty


    Mark, 56 was the answer when I last asked you for figures for the number of users that had requested deletion. I wonder has this number increased greatly for this change in policy?

    https://www.boards.ie/vbulletin/showpost.php?p=107664230&postcount=948

    Without being privy to the details, I think it needs to be recognised there was lack of clarity over exactly what GDPR meant when it was introduced, and I am guessing a lot more thought has ben given to it once people were seeing real life examples (I'm talking generally rather than Boards-specific here).

    Bearing in mind Boards does not have a legal budget (certainly nothing that could cope with a challenge to new EU wide legislation) I suspect it was a case of discretion over valour

    Equally now we've seen these laws start to bed in, and the behaviour of other organisations (many of whom could afford expensive legal opinions and court cases to protect their business models), I suspect it's a bit easier to get a positive legal view, certainly than it was 6-7 months ago.


  • Registered Users, Registered Users 2 Posts: 8,703 ✭✭✭corks finest


    ...
    Understand all that but the banner "our terms of use etc keeps popping up each time I access boards


  • Registered Users, Registered Users 2 Posts: 8,703 ✭✭✭corks finest


    ...
    Yes got that,but I have agreed umpteen time's,but the banner keeps popping up


  • Registered Users Posts: 737 ✭✭✭vargoo


    Your "solution" was suggested years and years ago and you said it wasn't possible.


  • Posts: 21,679 ✭✭✭✭ [Deleted User]


    Mark are you saying that for future requests the name will be replaced with a string of letters but the content of the post will remain?


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Admin: Don't quote the OP, please.


  • Registered Users, Registered Users 2 Posts: 45,734 ✭✭✭✭Bobeagleburger


    Good to see a solution in place. Well played.


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    Mark, 56 was the answer when I last asked you for figures for the number of users that had requested deletion. I wonder has this number increased greatly for this change in policy?

    https://www.boards.ie/vbulletin/showpost.php?p=107664230&postcount=948

    I wouldn't say greatly increased. Slightly over 100 now, which is a slowdown compared to the last time this was talked about. However, the negative impact of the deletion of posts is something that we have been concerned about, especially as we started to reflect on threads that have been created on Boards. As Beasty mentions, there is greater clarity too, which allows for additional legal advice and solutions to be put in place.
    Understand all that but the banner "our terms of use etc keeps popping up each time I access boards

    Can I double check that you are clicking on the agreement part of the banner?
    vargoo wrote: »
    Your "solution" was suggested years and years ago and you said it wasn't possible.

    Hi vargoo, the Feedback rules state that you need at least 100 posts and an account that's at least 3 months old to post in Feedback, but I will respond to this one contribution. This solution has taken a significant amount of development work, something that may not have been possible in previous years. Many things have changed over time as a result of legal advice (the Closed Accounts feature, for example) and technical improvements.
    Mark are you saying that for future requests the name will be replaced with a string of letters but the content of the post will remain?

    That's exactly it. The name is replaced by a string of characters per thread. So if you post in the Irish Rugby thread, it will appear as one "username" after an Erasure request, but your contribution within the Trivial Things That Make You Happy will be attributed to a different string of characters.


  • Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Louche Lad


    I keep clicking on "I agree" but the notice doesn't go away. (Using the Android app.)

    Is this a bug, or is it meant to persist? It's very annoying as it obscures the bottom 30% of the screen.


  • Registered Users, Registered Users 2 Posts: 973 ✭✭✭November Golf


    Louche Lad wrote: »
    I keep clicking on "I agree" but the notice doesn't go away. (Using the Android app.)

    Same here. Its gotten so bad, i've started looking for the "i dont accept the changes" button.


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  • Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Louche Lad


    Louche Lad wrote: »
    I keep clicking on "I agree" but the notice doesn't go away. (Using the Android app.)

    Is this a bug, or is it meant to persist? It's very annoying as it obscures the bottom 30% of the screen.

    Now gone at last, so if someone's done something then thanks.


  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    The username in a quoted post will also be anonymised with the same random string of characters as the users posts in that same thread.

    Thank you. The previous method didn't work very well, as some quoted posts still remain even after the user exercises their rights under Article 17.


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    The mobile app is no longer supported and appears to handle cookies erratically. We looked at it a little after receiving the comments above. It appears that if you can log in, accept the notice, and then visit a couple of threads that it will remember your preference after closing the app. But this isn't necessarily a consistent fix.

    We recommend using touch.boards.ie rather than a mobile app for browsing Boards on your phone.


  • Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    I wouldn't say greatly increased. Slightly over 100 now, which is a slowdown compared to the last time this was talked about. However, the negative impact of the deletion of posts is something that we have been concerned about, especially as we started to reflect on threads that have been created on Boards. As Beasty mentions, there is greater clarity too, which allows for additional legal advice and solutions to be put in place.


    Thanks Mark for the clarification. Would you have a figure for the number of posts that have been deleted? It must be in the hundreds of thousands.


  • Registered Users, Registered Users 2 Posts: 13,084 ✭✭✭✭Kirby


    Does this actually comply with GDPR though? Just deleting/randomizing the posters name?

    Leaving the actual content of the post which contains personal information about the person and their views would seem to contradict it from a legal standpoint. After all, it says "All data." Not some data.

    People can still be identified by the content of their post. In some cases quite easily. People often state where they are from, their age, their sex, their hobbies, the team they support, etc. in their posts. Surely this information would be classed as private information that a request for deletion would warrant removing?

    Even forgetting about the content of the post, what about the style of the post?
    I can think of dozens of posters who would be instantly recognized by their manner of typing alone.

    I feel the need to give an example of this and the easiest one would be Pighead. We all remember him. Randomizing his name would do little to stop somebody from identifying him. I could rattle off a dozen more examples but I feel the point has been made.

    While I appreciate the desire to keep old threads intact, from a legal standpoint I'm not sure this holds up. Even if it did, what about the spirit of the legislation? The bit in the legislation regarding pseudonymization or full anonymization of names is the bit I think you have latched on to.....but it also states that somebody has the right to have ALL data about themselves erased.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 77,497 Admin ✭✭✭✭✭Beasty


    The site has obtained further advice and clearly believes this is in line with the law.


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Good work. Something suggested on the old Gdpr thread by myself and others.


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Kirby wrote: »

    People can still be identified by the content of their post. In some cases quite easily. People often state where they are from, their age, their sex, their hobbies, the team they support, etc. in their posts. Surely this information would be classed as private information that a request for deletion would warrant removing?

    That stuff is in fact edited by mods already.
    Even forgetting about the content of the post, what about the style of the post?
    I can think of dozens of posters who would be instantly recognized by their manner of typing alone.

    I feel the need to give an example of this and the easiest one would be Pighead. We all remember him. Randomizing his name would do little to stop somebody from identifying him. I could rattle off a dozen more examples but I feel the point has been made.

    Well he keeps talking in the first person but pighead doesn’t identify a natural person.
    While I appreciate the desire to keep old threads intact, from a legal standpoint I'm not sure this holds up. Even if it did, what about the spirit of the legislation?

    The spirit of the legislation wasn’t to go after sites like this but websites that sell on information to 3rd parties mainly.

    The last thread introduced a lot of unwarranted hysteria.


  • Registered Users, Registered Users 2 Posts: 11,589 ✭✭✭✭Necronomicon


    The mobile app is no longer supported and appears to handle cookies erratically. We looked at it a little after receiving the comments above. It appears that if you can log in, accept the notice, and then visit a couple of threads that it will remember your preference after closing the app. But this isn't necessarily a consistent fix.

    We recommend using touch.boards.ie rather than a mobile app for browsing Boards on your phone.

    It's still happening to me, and I've been using the site pretty consistently today. The notice is still appearing in a thread I've visited 6-7 times during the day. Using touch.boards.ie.


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  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 77,497 Admin ✭✭✭✭✭Beasty


    What? She posts here?
    I am sorry but that is personal info I cannot reveal;)


  • Registered Users Posts: 1,281 ✭✭✭threetrees


    The changes are great but please, how many time do you want me to agree? The constant banner and request to agree is ridiculous.


  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    What? She posts here?

    No, but some bloke called Robert Galbraith does. I personally don't believe that this new policy is compliant, people have a posting style - it's how re-regs are spotted so quickly.


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    No, but some bloke called Robert Galbraith does. I personally don't believe that this new policy is compliant, people have a posting style - it's how re-regs are spotted so quickly.

    reregs are not identifiable natural personsif they are posting under a pseudonym.


  • Banned (with Prison Access) Posts: 2,492 ✭✭✭pleas advice


    reregs are not identifiable natural persons if they are posting under a pseudonym.

    you could say that about any account


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    you could say that about any account

    I would say that about most accounts.


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  • Closed Accounts Posts: 1,325 ✭✭✭xi5yvm0owc1s2b


    Kirby wrote: »
    Does this actually comply with GDPR though? Just deleting/randomizing the posters name?

    Probably not.

    Article 17 of the GDPR states that: "The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay..."

    Assuming that erasure means actual erasure, and not "we have taken additional steps to make it more difficult to identify the person behind the posts," then this new process would not seem to be GDRP-compliant, at least not to the letter of Article 17.

    The OP states that "Boards, as a service, needs content in order to be useful." This is simply Boards putting its business interests ahead of posters' interests in insisting that Boards should retain all of its users' posted content, whether they like it or not.

    Or, since users are asked to email privacy@thejournal.ie if they have issues with the use of their data, it is worth asking who is now pulling the strings.


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    We have sought further legal advice on this and ensured that we were compliant. We wouldn't have been allowed change anything otherwise.

    As said above, we delete all Personal Data that is known to us; we delete all fields in a user profile, including their e-mail address and sign-up IP, and will anonymise their username per thread while deleting the "Find All Posts By..." history. These steps ensure that it is not possible to identify a user. The content of every post is not Personal Data and while Personal Data may remain in posts users can highlight this by contacting us at datarequests@boards.ie so that we can delete the data in question.


  • Closed Accounts Posts: 1,325 ✭✭✭xi5yvm0owc1s2b


    These steps ensure that it is not possible to identify a user.

    I acknowledge that it makes it more difficult to identify a user, but I disagree that it makes it impossible.

    In some long-running chat threads on Boards, some contributors have posted hundreds if not thousands of times within the same thread. Even if the poster's ID is changed for each thread, hundreds or even thousands of posts could remain grouped together -- which, in aggregate, can contain more than enough information to render a specific individual identifiable.

    These cosmetic protections fall far short of what is provided for in the right-to-erasure provisions of the GDPR. I appreciate that you're acting under orders from your higher-ups here, but I'd caution against claiming that these provisions make it impossible for someone to be identified. They don't. They just make it less likely.


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    We are acting based on legal advice received.

    With regards to chat threads or any other thread
    While Personal Data may remain in posts users can highlight this by contacting us at datarequests@boards.ie so that we can delete the data in question.


  • Closed Accounts Posts: 1,325 ✭✭✭xi5yvm0owc1s2b


    Personal data under the GDPR extends far beyond a person's name, address, phone number, email address, and PPSN. It is defined as "any information relating to an identified or identifiable natural person," including "factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person."

    That’s an awful lot of information. A person's gender, hair colour, job, purchases, social and political views, favourite books, hobbies, health issues, etc., could all be considered personal data under the GDPR.

    Saying that you will remove personal data on request sounds good in theory -- but if a person has thousands of posts, is she supposed to comb through them all for factors specific to her physical, physiological, genetic, mental, economic, cultural or social identity?


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  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    The content of every post is not Personal Data and while Personal Data may remain in posts users can highlight this by contacting us at datarequests@boards.ie so that we can delete the data in question.

    Why should the data subject have to tell the data controller where the data is held?


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    It's still happening to me, and I've been using the site pretty consistently today. The notice is still appearing in a thread I've visited 6-7 times during the day. Using touch.boards.ie.
    threetrees wrote: »
    The changes are great but please, how many time do you want me to agree? The constant banner and request to agree is ridiculous.

    Can I ask what device, browser, and OS you're using? And are you logged in or out, are you using incognito mode, and do you have any addons such as Privacy Badger or Ad Blockers running? Thanks.


  • Boards.ie Employee Posts: 12,597 ✭✭✭✭✭Boards.ie: Niamh
    Boards.ie Community Manager


    Personal data under the GDPR extends far beyond a person's name, address, phone number, email address, and PPSN. It is defined as "any information relating to an identified or identifiable natural person," including "factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person."

    That’s an awful lot of information. A person's gender, hair colour, job, purchases, social and political views, favourite books, hobbies, health issues, etc., could all be considered personal data under the GDPR.

    Saying that you will remove personal data on request sounds good in theory -- but if a person has thousands of posts, is she supposed to comb through them all for factors specific to her physical, physiological, genetic, mental, economic, cultural or social identity?

    With respect Jay Gigantic Plantation, your opinion on the meaning of GDPR and it's terms is based on your layman's interpretation (for want of a better term).

    We have referred to and conferred with a legal team who are experts in this field and they have given their advice and approval of our new policy change to the letter.

    There is no argument to be had here, the policy will remain as it is now until, perhaps, some point in the future when something new or some new aspect might come to light.


  • Boards.ie Employee Posts: 12,597 ✭✭✭✭✭Boards.ie: Niamh
    Boards.ie Community Manager


    Why should the data subject have to tell the data controller where the data is held?

    If a user doesn't notify us that there is personal data in their posts, then we do not know that there is personal data in their posts, to put it simply.

    We do not and cannot (due to sheer volume) read through all posts on the site or even all posts of some individual users where they have thousands of posts over a period of years so we need to be notified of such content before we can find it and remove it.


  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    If a user doesn't notify us that there is personal data in their posts, then we do not know that there is personal data in their posts, to put it simply.

    We do not and cannot (due to sheer volume) read through all posts on the site or even all posts of some individual users where they have thousands of posts over a period of years so we need to be notified of such content before we can find it and remove it.

    You don't need to read anything, you need a proper data classification system. Your data is structured, there is software available to specifically find PII in structured data


  • Boards.ie Employee Posts: 12,597 ✭✭✭✭✭Boards.ie: Niamh
    Boards.ie Community Manager


    You don't need to read anything, you need a proper data classification system. Your data is structured, there is software available to specifically find PII in structured data

    If we ever update to such a system, the policy will be amended at that time I'm sure but we have to deal with how we work right now, today, and right now it is as posted in Mark's OP.


  • Registered Users Posts: 3,496 ✭✭✭Will I Am Not


    Would this interfere with mod tools for recognising re reg accounts? If someone was banned from a particular forum, requested the removal of their details and had their account closed, would they then be able to register a new account and fly under the radar a lot easier?


  • Closed Accounts Posts: 1,325 ✭✭✭xi5yvm0owc1s2b


    There is no argument to be had here, the policy will remain as it is now until, perhaps, some point in the future when something new or some new aspect might come to light.

    It's interesting that pointing out issues with this new policy draws an accusation of trying to start an "argument."

    Boards is entitled to put in place any policy it likes. But refusing to remove a user's posting history in its entirety, which, in the view of many legal experts as well as "laymen," is the only meaningful way to respect the right to erasure to which data subjects are entitled under law, is likely to be tested in the courts at some point.

    Boards sought legal advice back in May, and was told to put in place a mechanism by which users could delete all their posts. But the implementation was only ever partial, because numerous quoted posts were left untouched. People were eventually informed of a glitch under which the deletion script did not remove posts that had been quoted using the Touch site -- but, even months later, there was no fix for that issue. Some affected posters followed up with Boards.ie: GDPR but received no reply, despite sending repeated messages over the course of months.

    Now there is another policy under which Boards will not erase posting histories, but endeavor to prevent posts from being tied together under a single identifier. That certainly makes it more difficult to attribute posts to an identifiable individual, but it by no means makes it impossible, as staff are claiming. It is yet another partial fix to the problem.


  • Boards.ie Employee Posts: 5,461 ✭✭✭✭✭Boards.ie: Mark
    Boards.ie Employee


    Would this interfere with mod tools for recognising re reg accounts? If someone was banned from a particular forum, requested the removal of their details and had their account closed, would they then be able to register a new account and fly under the radar a lot easier?

    We don't have the Men In Black tool that allows for memory erasing...and troublemakers tend not to be very good at changing their behaviour.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    It's interesting that pointing out issues with this new policy draws an accusation of trying to start an "argument."

    Boards is entitled to put in place any policy it likes. But refusing to remove a user's posting history in its entirety, which, in the view of many legal experts as well as "laymen," is the only meaningful way to respect the right to erasure to which data subjects are entitled under law, is likely to be tested in the courts at some point.

    Boards sought legal advice back in May, and was told to put in place a mechanism by which users could delete all their posts. But the implementation was only ever partial, because numerous quoted posts were left untouched. People were eventually informed of a glitch under which the deletion script did not remove posts that had been quoted using the Touch site -- but, even months later, there was no fix for that issue. Some affected posters followed up with Boards.ie: GDPR but received no reply, despite sending repeated messages over the course of months.

    Now there is another policy under which Boards will not erase posting histories, but endeavor to prevent posts from being tied together under a single identifier. That certainly makes it more difficult to attribute posts to an identifiable individual, but it by no means makes it impossible, as staff are claiming. It is yet another partial fix to the problem.

    Not any of the legal "experts" being paid to advise the site. Legal "experts" who carry the risk if their advice is incorrect.

    As a legal "expert" myself, and one who specialises in data privacy, I fully endorse the advice given to the site in relation to the GDPR.

    Your interpretation (and seemingly that of "many legal experts" unknown) is not one which would be accepted by anyone who has any expertise whatsoever in data privacy laws.


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