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29

This has been asked about music. A large flaw is that independently creating something that has already been copyrighted is not copyright infringement. Copyright infringement requires copying, requires access to the original. Law suits regarding music copyright infringement involve demonstrating that the accused composer had heard, or must have heard, the ...


26

The goal of the GDPR is to ensure a single market for personal data processing throughout the EU. Since all EU/EEA member states now have equivalent levels of data protection, it doesn't matter in which member state data is stored or processed. Member states cannot generally limit this single market via national laws. Furthermore, secure processing may be ...


6

Per GDPR Art 12(5), “any actions taken under Articles 15 to 22 and 34 shall be provided free of charge”. The right to rectification is Art 16 and reads in its entirety: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes ...


4

Basically how reducible is personal information until it's no longer personal information? When it can no longer be used, alone or combined with other data, to identify a person (or small number of people). Context matters, if you have data on the people in say New York City, (pop. 8 million+) there are only 676 2 letter initials which averages out to about ...


3

There are two "cancellations" here. There is a contract between the customer and the company. This contract was ended. Also, as part of GDPR obligations, the data of the former customer was removed. Now the "credit" part suggests a pre-paid phone, which are often described as "no contract". Legally this is incorrect. There is a ...


3

This is less of a compliance question, and more of an infosec question. On one hand, you want to be able to restore access to an account to users who have lost their access. On the other hand, you must prevent unauthorized access e.g. from hackers. These factors must be balanced. Whether you'll fulfil a data subject access request will generally follow the ...


3

Is there any sources of information where extraction of data from a closed source application and provided to a data subject is further defined? No, the GDPR is based on "general principles" and does not concern itself with implementation details for such matters. It's possible there's EU case law on this, but I can't find any. Am I within my ...


3

This is not, unfortunately, a direct answer to your question. Nonetheless, it might be of interest to you. The US Census has been the subject of extensive legal wrangling, ending in the Supreme Court more than once. The challenge by a coalition of US states to the validity of the 1990 US Census was ultimately decided by the Supreme Court in 1996. The United ...


2

Sleep pattern and timezone deduction are arguably not "personal data" within the meaning of the GDPR. Personal data is defined in Article 4 as: 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 ...


2

The GDPR Art 20 right to data portability is distinct from the Art 15 right to access, although there is some overlap. The right to data portability likely applies here because processing is performed using automated means, but you're only entitled to a machine-readable copy of data that you provided. For example, this would require a social media service to ...


2

That is an interesting question that I don't think has been tested in an highly analogous case. There are a number of sci-fi works that posit elaborate systems of made-up facts about Dragon's Egg and Rocheworld. "20 km in diameter" by itself is not a expression protected by copyright, but as part of a highly creative system, it is protected. If these "data" ...


2

...do I own the data on a website that I created an account? Maybe not. Read the Terms of Service for the site; it is a legally binding contract. The TOS will outline what you agree to when opening an account and using the site. When signing up for the free plan, you agreed to the TOS, and you probably agreed to a stipulation that the site owners are only ...


2

This seems as some potentially misleading advertising from your competitor. If the reviewer tested Winamp, then Microsoft bought the brand and rebranded Windows Media Player as Winamp 6, those prior reviews would face no value to new customers, since they are about a different product. A review may be useful because it tells you something about the product ...


1

It looks like copyright infringement, unless you can defend your use as fair use. But you would have to defend such usage in court, therefore you should hire an attorney specializing in copyright litigation to get a more detailed analysis. The nuisance value of getting sued might dissuade you; but who would sue you? Probably the photographer(s) / artists: it'...


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