this post was submitted on 31 Aug 2023
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Stupid question, couldn't instances just say they don't allow scraping specifically from Facebook in their ToS and then report them for GDPR violations if they do?
As in say that have the ToS says that "we'll give your data to other instances because that's how the Fediverse works, we won't give your data to Facebook" and also "Facebook is not allowed to federate, and is not allowed to pull data".
Then just say that your data subjects don't consent to any data pulling by Facebook, and Facebook scraping your system even through ActivityPub is a violation of GDPR.
But GDPR is the European thing, and Threads isn't even available in Europe.
If there service is affecting a service in the EU then they will have to abide by Gdpr. Fact is if your server is in the EU and they scrape it they are active in the EU.
GDPR is a protection that applies to European citizens, regardless of where they're situated. companies don't get a pass because they blocked IP addresses coming from Europe.
now, enforcement outside the EU is a challenge, but the law is written in such a way that it covers the personal info of every EU citizen regardless of location.
Wouldnt it count for lemmy.world and other European instances because they are from Europe?