Permabanned
Do you know that? / are a lawyer? / or are you guessing?
GDPR and stuff
- Thread starter Ace Modder
- Start date
Soldato
Permabanned
I wouldn't have thought someone else's freedom of expression (expressing my personal information) would remove my right to erasure of that personal information. If so, that's a mistake surely, as quoting everything would become a loophole to avoid GDPR.
Soldato
If you make a post containing your own personal information, would that not make you the data controller?
You would be the one with control over what data gets posted and where it is posted.
Permabanned
I don't think so. I'm the user of the system, OCUK is the controller and processor.
The right to erasure is the right of the individual, and that right isn't contingent on who the controller or processor are.
Soldato
If OcUK can't control what personal data, if any, you include in your post, how could they be the data controller for that data?
Permabanned
Dunno, but if I can't delete it, how can I be? 
Once you've put something into the public domain though, surely you forfeit any right to be able to make other people remove it? You can delete your own contributions but if someone else has quoted or repeated something you chose to make public then that's tough really.
Does GDPR not contain some general definition that identifies it as only applying to data being handled 'in private' as it were?
Does GDPR not contain some general definition that identifies it as only applying to data being handled 'in private' as it were?
What I'm referring to is that if they do not have existing consent to send marketing emails, they can't send you an email to ask if they can send marketing materials. This is what we were advised by our legal firm. Why they'd ask you for your consent if they already have it is beyond me. This is the kind of thing I'm referring to here
https://www.theregister.co.uk/2017/03/28/ico_fines_flybe_honda/
Soldato
Had to delete all my emails over 2 years old today, unless they are still relevant for cases. I work in fraud so if the case is still ongoing it is fine to keep. We work closely with Privacy so we have had to act in line.
Bye bye 17,000 emails from the 3 years prior.
Bye bye 17,000 emails from the 3 years prior.
Caporegime
Because they might not have sufficient proof of that consent. We had a number of consents that were lacking a date and method of acquisition, and from the 25th that isn't good enough. Thankfully only 10% of our database is at risk.
Then they're free to do that surely? The only thing that would prevent that, as said earlier, is if someone has quoted you but i'm not convinced these regs place an obligation on OcUK as a company to be responsible for clearing up after you in the public domain, if you've said things publicly and other people have quoted it, I would have thought that's effectively your problem to overcome.
Well, as I said to billysielu earlier, there's a very easy way to test that theory in a week's time
Soldato
Agreed, if they do not have existing consent they cannot email you to ask you to consent to their new terms. (Which is why flybe have been fined, as you pointed out)
Most companies do need to ask for your consent again even though they already have it because the rules around how you give consent have changed. That's why we're all being bombarded with emails asking us to consent again.
I work for a school and they're taking the new legislation as though it's not serious. Apparently if we met the old data protection legislation we're likely to meet GDPR... Only just been brought to our attention even though I highlighted it over 2 months ago.
Caporegime
Hehe, I have been banging on about this at my work since May last year (though I am the consumer database analyst, so am closer to it than most), and we only got any real traction in January.
The whole bloody thing has taken over my work life though, next Friday can't get here soon enough.
Get yes that's true. The vast majority of our database is corporate email addresses so mercifully we haven't had to worry about it too much, but one lady I spoke to see theirs go from 11k to 600 after a permission pass. Brutal!
Permabanned
haha nice one