this post was submitted on 21 Jun 2023
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Lemmy

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Everything about Lemmy; bugs, gripes, praises, and advocacy.

For discussion about the lemmy.ml instance, go to [email protected].

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So, I’m kinda new to this Lemmy thingy and the fediverse. I like the fediverse from a technological standpoint. However, I think that, if we gain more and more traction, Lemmy (and by extend the entire fediverse) is a GDPR clusterfuck waiting to happen. With big and expensive repercussions…

Why? Well, according to GDPR, all personal data from EU users must remain in the EU. And personal data goes really far. Even an IP-address is personal data. An e-mail address is personal data. I don’t think there is jurisprudence regarding usernames, so that might be up for discussion.

Since the entire goal of the fediverse is “transporting” all data to all servers inside the ActivityPub/fediverse world, the data of a EU member will be transported all over the place. Resulting in a giant GDPR breach. And I have no idea who will be held responsible… The people hosting an instance? The developers of Lemmy? The developers of ActivityPub?

Large corporations are getting hefty fines for GDPR breaches. And since Lemmy is growing, Lemmy might be “in the spotlights” in the upcoming years.

I don’t like GDPR, and I’m all for the technological setup of the fediverse. However, I definitely can see a “competitor” (that is currently very large but loosing ground quickly) having a clear eye out to eliminate the competition…

What do y’all thing about this?

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[–] [email protected] 3 points 1 year ago (1 children)

Posts and comments are not inherently personal data (although they might, of course, contain personal data).

A post of any sane length, though, likely is covered by copyright. Them being public is entirely irrelevant to that in terms of what others are entitled to do with them.

On the other hand, as you say, none of (gestures wildly) this works very well if people start leaning too heavily on that.

[–] randomaccount43543 1 points 1 year ago* (last edited 1 year ago)

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;

Posts and comments in Lemmy contain information relating to an identifiable natural person (by their user handle), as they contain the person’s ideas and opinions. Therefore the Lemmy instances are handling personal data and must comply with the GDPR.