New answers tagged privacy
1
Article 32 of the GDPR requires companies to adequately secure their data when handling data belonging to EU citizens. This also applies to cross border scenarios where data is transferred between countries.
Technically speaking, the GDPR doesnt set a standard for security: you dont have to encrypt your data, use aes or rsa encryption, or hash and salt ...
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From my understanding, while not illegal, it is a very , not to be rude but, unintelligent practice. I can't speak on GDPR or foreign laws as an American. I've seen protected information sent via email, for example an email sent to my mother in which I was asked to look at, contained sensitive data and include an NDA covering the contents of the ...
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The effect of not making Terms and Conditions available is generally that the consumer can void them. That is to say, usually they're voidable, not void from the start.
Lacking these terms, companies would have to act under default privacy rules which are generally strict. Under the GDPR, it's even further restricted. Consent requires informed consent, so ...
2
The current law, Chapter XIII, simply says that
a person who intentionally accesses or intercepts any data without
authority or permission to do so is guilty of an offence.
The law does not say what constitutes "authority or permission". "Sharing" an account typically constitutes giving permission to access the account. The most recent proposed ...
1
A developer can, if s/he so chooses, write a TOS document, an EULA, and/or a privacy policy. There is a risk that such a self-written document may not have the desired legal effect, if a legal challenge occurs, or the documents are significant in some legal case. If the documents are similar to those used by several other similar apps published by large ...
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You have to comply with the law everywhere you operate
If you have US, NZ or Iraqi customers (knowingly or not) you have to comply with the laws of the US, NZ and Iraq.
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No, this would not be legal under PECR as it requires consent from the user (although it may depend on the laws of the country where the company is situated if they're applied or not):
What do we need to do to comply?
The rules on cookies are in
regulation 6. The basic rule is that you must:
tell people the cookies are there;
explain ...
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As long as the bot is only used within your friend group, this arguably counts as “purely personal or household use” so that the GDPR does not apply, see Art 2(2)(c).
If the bot can be used more widely, things get more complicated.
If you make the bot software freely available, I'd argue that whoever runs the bot is the data controller and is responsible ...
1
There are several distinct issues here.
First of all, you are free to store chat messages on your private server provided that all participants know and consent. If a new person joins the group, they must be notified and given a chance to freely consent to such storage. If they do not consent, messages from them should not be stored. A record should be kept ...
2
In principle, using email as an opt-out mechanism could be ok, at least in theory. But I see three issues with this:
A website visitor might not have an email address, yet the data controller is still required to honour the data subject's rights. (This might be far-fetched, but edge cases are interesting.)
The GDPR allows opt-out when the processing is ...
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This is no different from counting the number of cars in a parking lot of a certain retailer (to estimate their projected revenue). As long as this information is already public, the fact that there aren't any public sources of the aggregate data about the information does not change the fact that the information is already public.
Although, once produced, ...
1
Personal data is any information relating to an identifiable person, the data subject. Here, the “second degree user” (the passenger) is a data subject of your system. They have all the data subject rights, including the right to erasure.
It doesn't make sense to talk about anonymization here. In the GDPR, anonymization means removing identifying data so ...
1
Ordinarily, if someone breaks into your residence, you can involve the police because the person trespassed on your property, i.e. entered and remained without permission. The law is concerned with who the property owner is -- that could be your parents, or you if you are renting an apartment from a landlord (your parents). You need to consult an attorney, ...
3
If you are accurately representing the facts, this is a clear case of defamation. Your attorney will point out that you could sue him / them, since he apparently accused you of a crime (the accusation to the police, it's the later public accusation that counts). You can subpoena the video, in connection with a lawsuit. There is no way to force them to turn ...
1
This is not insider information. Inside information is information received from the Company or an employee or agent of the company that has not been publicly disclosed. So, it does not violate federal insider trading laws.
It is conceivable that the search engine operator might have a contractual duty to to the company, for example, a non-disclosure ...
4
The United States has a fairly strict definition of where you have an expectation of privacy, a public bus certainly isn't a private place. In public, anyone can take pictures and video of anyone or anything else. You may have some sort of case if the girl were to use those photos to knowingly help your father violate the restraining order, but it doesn't ...
4
Any written communication is generally admissible
Subject to all the normal rules for admissibility of course.
For texts between you and a third party the major issue that springs to mind is relevance. As in, how are they relevant to the dispute between you and this man? If they are not, your lawyer should have objected to them on this basis, however, its ...
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Generally speaking, the texts sound like fair game.
Assuming you're in the United States, there's likely no privacy law that will protect you against the use of information obtained by a husband/boyfriend/etc. whom you appear to have given access to your phone.
Nor is there any rule that I can think of that would limit him from using those records in court....
3
(Since no jurisdiction was given this answer will apply to US federal law)
Hipaa lays out the standards for medical information privacy. The language of Hipaa is written in a way that clearly defines the relationship that two parties must have for the privacy of medical information to be protected.
Party A: "Health Care Provider" (Could be more then one ...
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