Thursday, April 19, 2018

Neither the spirit nor the letter - Facebook is its own law

In a tweak to its terms and conditions, Facebook is shifting the responsibility for all users outside the US, Canada and the EU from its international HQ in Ireland to its main offices in California. It means that those users will now be on a site governed by US law rather than Irish law.

The move is due to come into effect shortly before General Data Protection Regulation (GDPR) comes into force in Europe on 25 May. Facebook is liable under GDPR for fines of up to 4% of its global turnover – around $1.6bn – if it breaks the new data protection rules.

The shift highlights the cautious phrasing Facebook has applied to its promises around GDPR. Earlier this month, when asked whether his company would promise GDPR protections to its users worldwide, Zuckerberg demurred. “We’re still nailing down details on this, but it should directionally be, in spirit, the whole thing,” he said.

  Guardian
Not even.
Privacy researcher Łukasz Olejnik disagreed, noting that the change carried large ramifications for the affected users. “Moving around one and a half billion users into other jurisdictions is not a simple copy-and-paste exercise,” he said.

“This is a major and unprecedented change in the data privacy landscape. The change will amount to the reduction of privacy guarantees and the rights of users, with a number of ramifications, notably for for consent requirements. Users will clearly lose some existing rights, as US standards are lower than those in Europe.
US standards are about non-existent these days.
[F]or tax purposes, Facebook will continue to book their revenue through Facebook’s Irish office, but for privacy protections, they will deal with the company’s headquarters in California.
Wow.

And they're not alone.
LinkedIn, for instance, is to move its own non-EU users to its US branch on 8 May. “We’ve simply streamlined the contract location to ensure all members understand the LinkedIn entity responsible for their personal data,” it told Reuters.
Yeah, that's the ticket.

...but hey, do what you want...you will anyway.

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