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.

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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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[–] nulldev@lemmy.vepta.org 1 points 1 year ago* (last edited 1 year ago)

GDPR does not distinguish between public or private data.

GDPR handles public data through propagation. If you download public data that is GDPR covered, the data you downloaded also becomes GDPR covered. You are required to follow all GDPR regulations while handling the downloaded data.

Remember, GDPR covers almost all "collected personal data". It does not matter if the data was originally public, and how/where the data was collected. It's all covered.

However, Lemmy instances may still be exempt from GDPR as they are non-commercial: https://gdpr-info.eu/recitals/no-18/

IANAL as usual.