this post was submitted on 26 Dec 2023
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I think in terms of gdpr, if you notify a site that is providing service (allows users to register from I guess) to EU countries you want something deleted, they need to comply.
But I think in terms of federated content, you cannot be expected to do more than send information about the deletion out. If other instances don't respect it, it's not the originating instance's job to police it.
Now the user could go to these other instances and chase it up. But I wonder if a third party instance doesn't allow users from EU countries, if they'd be required to comply? Federated content opens up a an interesting set of scenarios that will surely test privacy laws.
I also wonder what the EU powers are to sites in non EU countries that allow EU users but don't respect GDPR. what can they even do? Companies like twitter, Facebook, reddit etc have presences in EU countries that can be pursued, but John Smith running a lemmy instance on a $5 vps might be out of reach.
It actually is.
When delegating the processing of PII to someone else (like another instance), you're supposed to initiate a data processing agreement with them: https://gdpr.eu/what-is-data-processing-agreement/
Unless Mastodon has somehow automated this process in inter-instance communication, they are just as liable as Lemmy is.
But pii isn't being sent. A user's nickname and the domain of their instance plus any content they create is. If they choose to put their pii in public posts or user info, that's their choice but is not pii solicited in order to operate the service, it was volunteered.
It's a crucial difference. I considered this when writing the terms and data retention information for my own instance. Federation is very frugal about the information shared.