• @morras@jlai.luEnglish
    12•9 months ago

    No, Lemmy servers are not exempt from GDPR compliance. The household exemption (you are not subject to gdpr for private activities) only applies for purely personnal activities. As soon as a service is offered to someone else, the exemption is no more applicable.

    That’s one of the drawback about open-source projects, they are designed to fulfill a need (persistent storage & decentralised communication for Lemmy), and no one give a f*ck about legalities.

      • @morras@jlai.luEnglish
        9•9 months ago

        I’m not so sure about the GDPR status for the Fediverse, I don’t think there’s the law is prepared for “Jerry runs this for people, just for fun”. It’s very much “official organisation” or “money grabbing business” oriented. Someone should fund an actual lawyer to look into this and lay down the real requirements.

        I’m working in the gdpr compiance field ;) Using a personnal device to monitor public space doesn’t fall under the household exception, this solution even pre-dates the GDPR (https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-12/cp140175en.pdf).

        (the case-law is about camera fixed on a private house, but the logic easily translates in a private server grabbing public data).

        but when legal compliance comes up, everybody just sticks their fingers in their ears and pretends not to hear you.

        Just as you did ^^

          • @morras@jlai.luEnglish
            2•9 months ago

            Article 3 GDPR is straightforward, gdpr will apply.

            The real question is how any kind of authority could enforce it ? Almost no chance that any law enforcement/regulator will bother a single-user instance purely on the ground of gdpr…