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Questions tagged [data-protection]

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Identity photographs under GDPR

Are identity photographs, of the form commonly used for things like a bus/rail pass or membership card considered to be "special category data" within the meaning of the UK's Data Protection Act 2018? ...
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1answer
19 views

When to authorize someone and when to sign a contract for processing personal data

There are two ways for the data controller to let someone else process the data he controls: authorise him or her to do so, sign a legal contract making him or her a 'processor' (Article 28 GDPR). ...
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34 views

public website data is protected? [duplicate]

I want to grab public data from second-hand website (that everyone can see at anytime without limits or needs), but because they don't have an API, I need to grab the public data using programming and ...
2
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1answer
34 views

What practical confidentiality protections can BSA offer to software piracy whistleblowers?

This question refers to a form for reporting software piracy. That page has an FAQ question: If I report software piracy to the BSA, will my name be kept confidential? Your name will never be ...
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1answer
41 views

The case of creating personal data by combining non-personal data

In a company, two isolated departments process data that is not personal data. After processing, the documents go to the trash. They are found there by someone and it turns out that they identify ...
2
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1answer
86 views

Can I share scammers personal details online? What type of details can I share?

I live in the UK, and I constantly see scams on Facebook such as: "£300pm house. I live abroad, so you will need to send me the money, and I will send you the keys in the post," or "Free iPad for ...
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1answer
40 views

Data Scraping public athlete name and performance data. Does this need to be treated as personal data?

Consider the following data for amateur/professional athletes: Athlete name, Athletic event + best performance data e.g.: Joe Bloggs 5k 19:00 10k 40:00 Half Marathon 85:00 other events etc... and ...
4
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1answer
43 views

Would revealing/storing whether or not an EU customer uses a service violate the GDPR?

Some web services will notify the user if the account name they are entering exists or not. However, I am wondering if this would be legal? For example, if someone entered the email address of someone ...
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2answers
65 views

Is a step by step route considered as personal data?

I would like to know whether a route between two physical places A and B, with its different step by step streets, can be considered as a personal data and should be processed as it. We don't know ...
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1answer
67 views

Can my employer gather personal data without written consent

I'm located in the EU. My employer recently became a contractor for an american company. We deal with software. A requirement of the american company was that on all machine of the people working ...
5
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1answer
93 views

Company makes confidential CV publicly available and searchable. Legal recourse?

A friend of mine was looking for a job last August. She sent CVs for various positions. Now, months later, somebody told her that if he Googles her name, her CV pops up. She tried it herself and sure ...
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1answer
58 views

Does possesing BUT NOT processing a personal data make the organization their controller?

According to Article 4(7) of GDPR: ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of ...
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28 views

Does right to Data Access request /GDPR supersede restrictions in Employment contract of previous employer

Does right to Data Access request /GDPR supersede restrictions in Employment contract of previous employer ? Is above fundamental right's affected by Clauses in temporary employment contract like '...
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29 views

Liability for data when reselling used data storage (US)

If I purchase used storage media from a company, what is my liability for the data that it may contain? As a standard practice, all such media would be wiped. However, secure data destruction is not ...
3
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1answer
49 views

Does GDPR apply to location data collected by apps?

I've just been reading this article in the New York Times which expounds on the business practices of mobile apps which collect your location data and use it/sell it. The article gives examples of ...
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1answer
65 views

Is it theft/fraud if one sends confidential info from their work laptop to their own personal web mail but there is no malicious intent? (UK/US)

Sender's intentions are non malicious, but the sender knows they are not supposed to send confidential info out of work laptop, and sender deleted some sent emails to cover up. Their intent is to do ...
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1answer
32 views

US/International Law regarding collection of diagnostic data from iPhone app [closed]

I am designing an iPhone ultrasound transceiver. In order to improve the algorithm I wish to send an occasional ~2-3s chunk of audio containing the signal to my server. As such, this would clearly ...
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1answer
40 views

How can GDPR affect user generated content?

I'm wondering where the lines of GDPR are in regard to user generated content and how it meets the Communications Decency Act. Section 230 has been what ISPs and websites (Yelp as an example) use as ...
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2answers
72 views

Deliberately inaccurate data

The GDPR seem to assume that the client would want us to maintain accurate data. Article 5(1)(d) makes it clear we have to correct inaccurate data. But I deliver pizzas for a big chain, and I ...
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1answer
84 views

Hetzner is trying to charge me for Bandwidth overuse and will not respond when I use the contact form

A few months ago, I was using Hetzner Cloud for my VPS, and they blocked a server because someone seems to have DDoSed it. I requested it to be unblocked, and they ignored me. I also noticed they are ...
2
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1answer
30 views

GDPR and Storing Non-EU Citizen Data as an EU-based company

I work for an EU company based in the UK and often work with clients in China and Africa (and some other non-EU countries). In the future, it may arise that we will be storing some personal ...
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2answers
50 views

Is it legal to require registration to obtain US Government software or data?

Is it legal to require registration to obtain US Government software or data? For example, if a government web site makes you put in an email address before you can access public data or public ...
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1answer
137 views

Is it reasonable to ask me to change my email address after it was leaked?

My child's school recently sent an email with many parents Cc'd instead of Bcc'd. There was nothing sensitive about the email - it just leaked the email addresses of the other parents. They later ...
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0answers
43 views

Derogation for small companies in GDPR

Question What does Recital 13 in GDPR make exempt? refers to Article 30 on the technical definition on record keeping. But I am interested in another aspect of this sentence: To take account of ...
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1answer
84 views

Can a good lawyer mitigate a failure to prevent data breaches?

I was curious how important it is for a software startup to seek legal council during the fundraising/growth stages. Basically, I don't want to be up a creek if we have some data breach or hack. How ...
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1answer
69 views

Is it legal to list parties not willing to take part in a survey?

I am building a website where hospitals, schools and hotels would be rated by referring to several factors. I need to collect the data (certificates, documents, etc...) from the hospitals/schools/...
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2answers
983 views

Facebook vs GDPR - Private Messages I sent to others will never be deleted/erased from Facebook servers

I asked this question to Facebook: I would like to know how can I permanently delete private messages from both sides of the conversation. For example, conversations I had in the past with ...
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2answers
49 views

Sharing confidential information between two companies

I own a small company and submitted a proposal to a major company and I received no response. Another company considered my proposal and invited me to present the proposal to the board. I was asked ...
5
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2answers
132 views

Are publicly available password dumps legal under GDPR

When a company gets breached by hackers, often the contents of their databases will make its way onto the internet. Sometimes this will include obviously personal information such as email contents or ...
2
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0answers
29 views

GDPR which practice is compliant?

I have seen many ways of requiring user acceptance of their data usage on the internet. Which are conforming? Keep in mind I am talking just about the consent acquiring mechanism. In order from the ...
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1answer
121 views

GDPR and Query String Variables

I have a project where a customised email is sent out to clients and there is a link that takes them to a landing page, with a form, that currently gets populated by way of query string variables e.g. ...
3
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2answers
65 views

Recruiter forwarding freelancer's profile without consent

I work as a freelancer, so being contacted by recruiters is a regular occurrence. Recently I responded to a request from a recruiter of a UK-based, "award-winning" recruitment company. We talked on ...
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2answers
895 views

Is hash of a username still personal data?

I create a script, which asks a user who upload a GIF to a social media website, if it can reupload it to another website (to reduce other users' internet usage). Now I want to give users an option to ...
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0answers
23 views

To what extent does US Law allow algorithmic transparency?

The European Union GDPR (General Data Protection Regulation) is a regulation in EU law on data protection and privacy for all individuals within the European Union ...It also addresses the export of ...
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2answers
101 views

Privacy concerns regarding my data on a website

Recently, I signed up on this website. As soon as I registered, they sent me an activation email. After seeing the activation email, I was a little disturbed. The activation email consisted of the ...
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1answer
33 views

What prosecution can one expect for violation of information privacy principles in New Zealand?

I recently received a marketing letter in my mailbox from a building supplies company that I had never dealt with. Upon contacting them I found out that they had bought a database of people who had ...
7
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2answers
301 views

GDPR. Where to store users consent?

A pretty straightforward question, I think. When it comes to holding records that users consent has been provided, I can only imagine I would use some sort of php code to store data/records into .txt ...
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1answer
91 views

Facebook blocked my account until I consent to their new privacy policy under GDPR. If I consent now, will I be able to withdraw my consent later?

I am going to delete my Facebook account in a month, I can't do it now because I still use it for work. I live in the EU and Facebook has blocked access to my account unless I accept their privacy ...
3
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1answer
355 views

Is it allowed to Psuedonym or Soft delete the User Records in a highly complex User centric Software under GDPR?

I referred this question: Under the GDPR, should transaction data be deleted on account deletion or on user request? which deals specifically with the use-case of e-commerce site. But still, there is ...
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0answers
124 views

Android App GDPR: ads and purchases

Problem description Just imagine a typical app or mobile game here: This app has the option to disable ads using in-app purchases. These purchases are resolved using the following API. A detailed ...
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0answers
180 views

Explanations for GDPR if no personal data is collected?

I have a website that is a travel search engine and I am very concerned about GDPR. I am not interested in any private information from the users for marketing or such things. I just use Google ...
0
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1answer
85 views

Autoresponders and GDPR - do they comply with the law?

Would it be GDPR compliant to have an autoresponder request opt-in permission? For example, a customer makes an enquiry by sending an email to the company in question. The company in question then ...
2
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2answers
251 views

Is the GDPR applicable to data stored in human memory?

If data is stored in human memory, is the GDPR applicable? Say, an employee of a company remembers an email address of a client, their date of birth, or even what their face looks like, does the ...
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1answer
227 views

Parent company GDPR compliance

Situation: Parent company is registered in the EU member state but does not do b2c business in the EU and does not process personal data of Europeans. Subsidiaries are not EU companies and does not ...
3
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1answer
118 views

Should email addresses be anonymized/pseudonymized under GDPR?

GDPR states recommendation to pseudonymise or even anonymise Personal Data. A lot — most of — web sites and services require email address on signup. Should, from the Data Controller's point of view, ...
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1answer
44 views

Can we collect data from minors to operate a competition with a prize?

We're planning to run a simple competition at an event. It's a skill based competition (not a lottery), where the best score at the end of the event will receive an android tablet. No purchase is ...
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2answers
61 views

Council “misplaced” copy of contract - is this a data protection breach (UK)?

My Girlfriend changed jobs recently, and as such had to provide the local council with a copy of her employment contract to support claims for low-income support benefits. Now, it seems they have ...
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2answers
35 views

Which companies use personal data [closed]

I am not an expert in Law and I apologize if I make a big mistake by choosing wrong words. Since there are lots of new laws about data protection being enforced by courts, it became easier to see if ...
3
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1answer
752 views

Germany: Does a github.io hosted site require imprint / data privacy statement according to the GDPR?

github offers free publicly accessible data storage. Many people use that to present their personal profile where they e.g. advertise for freelancing services. An example url could be http://username....
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2answers
71 views

Can my user agreement require end users to indemnify me for misuse of their data by third-party services embedded in my app?

I have an Android App which is already in the Play Store. Now due to GDPR I am planning to improve my Privacy Policy and a Terms of service. I am planning to add certain terms in my Terms of service ...