[Chapter-delegates] URGENT - Question about Facebook and GDPR in your respective country

Fri Apr 27 03:45:47 PDT 2018

Hi Nicolas, what do you mean by ‘effective’?  Do you want to know if this is meets legal requirements, or if it is changing people’s awareness, or if people are changing their behaviour? 

Regards,

Brandt Dainow

brandt.dainow at gmail.com

https://www.researchgate.net/profile/Brandt_Dainow

http://www.imediaconnection.com/profiles/brandt.dainow

From: Nicolas CHAGNY [mailto:nicolas.chagny at isoc.fr] 
Sent: 27 April 2018 11:17
To: brandt.dainow at gmail.com
Cc: Andrea Romaoli Garcia; Chapter Delegates
Subject: Re: [Chapter-delegates] URGENT - Question about Facebook and GDPR in your respective country

Thank you all.

We know the context and the adaptation of the law in each country.

And we know the Facebook's announcement about the modification of the terms of service.

But, the reason of my e-mail is to know is this is really effective ;)

Best,

Nicolas

2018-04-27 12:11 GMT+02:00 Brandt Dainow <brandt.dainow at gmail.com>:

All Facebook users outside USA and Canada have had their terms of service changed.  All EU users will be asked to consent to new usage under GDPR rules, and the Facebook terms/conditions have already been updated to reflect this.  Current legal opinion is that these are not sufficient for GDPR, but there is time for Facebook to change them before GDPR becomes effective May 25.  Or Facebook may wait for legal challenge.

All Facebook users outside the EU, USA and Canada have had their terms of service changed.  Their consent to this is not required.  Under previous terms, everyone outside North America was governed under the Irish rules, having their contract with the European headquarters of Facebook in Ireland.  They have now been moved to a contract with the USA Headquarters and now under the USA rules.  I think it noteable that Mark Zuckerberg specifically told US Congress this would NOT happen a few days before he did it.

HOWEVER – each EU country must enact legislation to bring GDPR into law in their country.  Many EU countries have not done so yet.  The Irish legislation, governing all Facebook users in the EU, has not been passed.  It has encountered difficulties because it contains clauses removing all data protection from any political activities during elections.  In other words, EU citizens will not have a right to privacy over their political opinions or activities, and all the stuff we saw with Cambridge Analytica will be legal under Irish law.  The law specifically allows these activities in any country provided they are done from Ireland.  The proposed law also removes any penalties from government departments which violate data protection laws.  They will be required to obey the laws, but can’t be punished if they break them.

Regards,

Brandt Dainow

brandt.dainow at gmail.com

https://www.researchgate.net/profile/Brandt_Dainow

http://www.imediaconnection.com/profiles/brandt.dainow

From: Chapter-delegates [mailto:chapter-delegates-bounces at elists.isoc.org] On Behalf Of Andrea Romaoli Garcia
Sent: 27 April 2018 10:38
To: Nicolas CHAGNY
Cc: Chapter Delegates
Subject: Re: [Chapter-delegates] URGENT - Question about Facebook and GDPR in your respective country

Hello

Here in Brazil I received from Instagram and Facebook just sent me a warning that Facebook will send in next days... 

ANDRÉA ROMAOLI GARCIA 

OABSP 332.542

Director ISOC-NY  

United Nations- NU

+55 14 99162-3774

On 27 Apr 2018, at 04:59, Nicolas CHAGNY <nicolas.chagny at isoc.fr> wrote:

Dear All,

We are working today with the french press agency AFP about the GDPR.

In France this week, Facebook’s users received some notifications from Facebook to agree their new Term of Services and to have an explicit consent.

With this journalist, we want to know if this Facebook’s process concerns :

*	only french users
*	or EU users
*	or out of EU users 

Could you please tell me- in reply of the email - if you or some users in your respective country received this notification and process ?

Thank you.

Warm regards,

Nicolas

-- 

Nicolas Chagny, Président

Internet Society France

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