0

Does uploading an open source GitHub repository intended for commercial purpose make the person who uploaded the code joint data controller? What is meant is that if code is uploaded to GitHub I have asked GitHub to host it. Now for security of GitHub's website they may collect some information including i.p. addresses. Does this make GitHub a data processor for me under the GDPR? I am not referring to GitHub pages.

6
  • 1
    Joint with whom? Github? The person downloading and using the code? Think about it this way, the GDPR is not designed to trip you up - think about what data you control, you are a Data Controller for that data, and then think about what data you process, you are a Data Processor for that data. In your scenario, what data do you control or process?
    – Moo
    Nov 24 '20 at 21:38
  • Added some more lines for clarification.
    – ask
    Dec 27 '20 at 12:13
  • Hope this does NOT alter meaning of the question .
    – ask
    Dec 27 '20 at 12:20
  • Is the repository public or private? There's a good argument that GH is acting as a data processor on your behalf, as discussed here. While the linked Q&A is about GitHub Pages, this generalizes to private repositories as well.
    – amon
    Dec 27 '20 at 17:36
  • Public repository see you can find the common analogy it's like github_user or playstore_appuploafder or youtube_videouploader or kindle_bookwriter.Similarly will hosting code on github constitute an instruction to collect data for security of GitHub or not .
    – ask
    Dec 27 '20 at 18:32
2

As I understand it, the uploader does not decide what categories of information GitHub will collect, nor for what purposes, nor what privacy notice will be provided, nor what consent shall be asked for from Data Subjects. Nor does the uploader have the power to delete particular data records, nor to view date except insofar as it is made available to the general public. I don't see how the uploader in any way fits the GDPR role of Controller. Please correct me if I am mistaken about the role of the uploader to GitHub.

3
  • I was actually cnsidering it over I mean I felt allowing github to host is a big instruction to collect data.
    – ask
    Dec 30 '20 at 6:26
  • Similarly fr youtube also then right , when someone allows ads on their video they are not bringing in controllership then(I am nota lawyer.).
    – ask
    Dec 30 '20 at 6:28
  • @ask Probably. I don't know what info if any YouTube provides toi content uploaders. Dec 30 '20 at 7:11

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.