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-   -   GDPR compliance questions and discussion (https://www.flyertalk.com/forum/technical-support-feedback/1911089-gdpr-compliance-questions-discussion.html)

Sung Sam Jul 1, 2018 3:05 pm


Originally Posted by JDiver (Post 29925806)
With the archiving sites out there (waybackmachine at archive.org, etc.) there’s no such likelihood of “being forgotten”, IMO. A person could have every bit erased from FT, yet their posts could still be found.


If this is the case, the archives will be fined out of existence. They also need to comply.

hailstorm Jul 1, 2018 3:22 pm


Originally Posted by JDiver (Post 29925806)
With the archiving sites out there (waybackmachine at archive.org, etc.) there’s no such likelihood of “being forgotten”, IMO. A person could have every bit erased from FT, yet their posts could still be found.

But that would be their responsibility. Your responsibility is to delete the posts from Flyertalk.

Laws are laws, no matter what you think about them.

TomMM Jul 1, 2018 3:35 pm


Originally Posted by JDiver (Post 29925806)
With the archiving sites out there (waybackmachine at archive.org, etc.) there’s no such likelihood of “being forgotten”, IMO. A person could have every bit erased from FT, yet their posts could still be found.

Not quite. Look at Google's losses in the "right to be forgotten" battle in the UK.

hailstorm Jul 1, 2018 4:08 pm


Originally Posted by Sung Sam (Post 29926808)



If this is the case, the archives will be fined out of existence. They also need to comply.

"I'm breaking the law because someone else will break the law eventually" is not a valid legal argument.

JDiver Jul 2, 2018 6:56 am


Originally Posted by hailstorm (Post 29926866)
But that would be their responsibility. Your responsibility is to delete the posts from Flyertalk.

Laws are laws, no matter what you think about them.

I assure you that is not my responsibility. Internet Brands personnel, perhaps. And I’m not sure how some laws may ultimately be interpreted judicially. I.e. can a law passed unilaterally by one nation or group of nations be imposed on entities based in non-participating nations?

hailstorm Jul 2, 2018 7:12 am


Originally Posted by JDiver (Post 29928672)
I assure you that is not my responsibility. Internet Brands personnel, perhaps. And I’m not sure how some laws may ultimately be interpreted judicially. I.e. can a law passed unilaterally by one nation or group of nations be imposed on entities based in non-participating nations?

1. Obviously I'm speaking in the collective. "You" as in IB.
2. You have the right to not do business in the EU, if you don't wish to follow their laws.

IBJoel Jul 2, 2018 10:35 am

If you have concerns about IB's compliance of GDPR, please write in to the "Contact Us" form, which was kindly posted above. And until more cases are ruled upon now that GDPR is in effect, I think it's difficult to make blanket assumptions. But then again, I'm not an expert on US law, let alone EU/international.

hailstorm Jul 2, 2018 3:41 pm

I assume that it's not your intent to squelch debate on this in a public forum?

JDiver Jul 2, 2018 9:54 pm


Originally Posted by hailstorm (Post 29930560)
I assume that it's not your intent to squelch debate on this in a public forum?

I won’t pretend to speak for IBJoel, but I think IBJoel may be saying Technical Support doesn’t much become involved with overall administrative and legal issues. Your concerns may best be addressed by others, and using the “Contact Us” form allows you to communicate your concerns to the appropriate party e it’s forwarded to them.

IBobi Jul 3, 2018 1:46 pm


Originally Posted by JDiver (Post 29931576)
I won’t pretend to speak for IBJoel, but I think IBJoel may be saying Technical Support doesn’t much become involved with overall administrative and legal issues. Your concerns may best be addressed by others, and using the “Contact Us” form allows you to communicate your concerns to the appropriate party e it’s forwarded to them.

Correct as usual, Jdiver. IBjoel and I are not attorneys. The attorneys responsible for how FT handles GDPR have told us how to handle things, and we have passed along those rules. If you wish to have a legal tussle, please contact [email protected]. We cannot and will not contradict or interpret their guidance here.

hailstorm Jul 3, 2018 4:02 pm

From a purely technical standpoint, is it difficult to delete all information about a person, including their posts?

IBobi Jul 3, 2018 4:05 pm


Originally Posted by hailstorm (Post 29934947)
From a purely technical standpoint, is it difficult to delete all information about a person, including their posts?

No. To do so without repercussions is, however. It's the old "bazooka versus scalpel" conundrum.

sbrower Jul 11, 2018 11:30 pm


Originally Posted by hailstorm (Post 29927021)
"I'm breaking the law because someone else will break the law eventually" is not a valid legal argument.

It is my prediction that GDPR will be the death of the European version of "privacy." And it will be partly because EVERYONE (including the GDPR enforcement bodies) will be shown to be in violation of GDPR. I can't say when it will happen, because it is not my area of practice. But I suspect that some lawyer like me will be retained by a client to defend a GDPR violation. And they will gather evidence to show that every minute of every day, because of the complexity of networks and data interchange, the "personal" information of EU individuals is available virtually anywhere in the world. And the concept of "forget me" is virtually impossible because there are thousands of backup tapes, replicated sites, redundant facilities, etc.

hailstorm Jul 12, 2018 1:59 am


Originally Posted by sbrower (Post 29964868)
It is my prediction that GDPR will be the death of the European version of "privacy." And it will be partly because EVERYONE (including the GDPR enforcement bodies) will be shown to be in violation of GDPR. I can't say when it will happen, because it is not my area of practice. But I suspect that some lawyer like me will be retained by a client to defend a GDPR violation. And they will gather evidence to show that every minute of every day, because of the complexity of networks and data interchange, the "personal" information of EU individuals is available virtually anywhere in the world. And the concept of "forget me" is virtually impossible because there are thousands of backup tapes, replicated sites, redundant facilities, etc.

I saw a lot of text there, but nothing that represented a valid legal defense.

There's a very simple way to get any company to comply: pull the plug on their computers. It's the responsibility of the offending companies to develop a more elegant solution.

sbrower Jul 12, 2018 8:50 am


Originally Posted by hailstorm (Post 29965117)
I saw a lot of text there, but nothing that represented a valid legal defense.

There's a very simple way to get any company to comply: pull the plug on their computers. It's the responsibility of the offending companies to develop a more elegant solution.

My argument, while from the perspective of a lawyer, was not meant as a legal brief. But your answer was actually perfect. Because one legal term (which is a legal defense, at least in some circumstances) is "impossibility." And the idea that the solution to GDPR compliance is "pull the plug on their computers" is so ludicrous that it would be a concession to "impossibility." That is why I say it will be the death of the concept. And, as stupid as "unplug" would be, it still would not accomplish "forget me." NOTE: At a technical level, there is no such thing as "unplug your computer" because "your" computer is replicated so many times in "other people's computer" that it wouldn't even solve the problem.


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