this post was submitted on 02 Oct 2024
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@[email protected] I believe your interpretation of § 25 TDDDG is too broad: § 1 TDDDG limits the scope of this law to personal data ("personenbezogene Daten"). Model, vendor, CPU, as you write yourself, is not personal data.
@taschenorakel @kuketzblog
My gut feeling is that anything, which is collected from my side, whether PII or not, protected or not, should only take place after I get a message on first run, asking me if it's okay to collect usage data. Including a brief list of what data is collected, whether it's anonimized, pseudomized, etc and allow me to say "no".
Anything collected before I have any chance of opt-in or opt-out to me sounds like "we proactively have already started collecting data. If you don't want this to go on, you can switch it off in settings" and leaves a smell of privacy pooh on my desktop.
In other words: It's a dishonest behaviour to me if I am NOT aware of things going on before things start to happen.
@schroedingershund @kuketzblog I absolutely dislike the concept of blaming entities by gut feeling even if they behave entirely legal.
They key for reliable privacy laws is general acceptance. It's of absolutely no value to have strict laws if nobody obeys them.
The GDPR and the ammending TDDDG do pretty well in balancing interests, and we don't do privacy activism or IT security a favor if we deny operators legitimate interest out of gut feeling.
@taschenorakel @schroedingershund Whether a usage measurement/marketing campaign takes place anonymously, pseudonymously or with personal data is irrelevant from the perspective of the TDDDG. The decisive factor is whether information is stored on the end device (e.g. cookies) or whether information is read from the end device. Both are subject to consent in accordance with Section 25 (1) TDDDG, unless ‘technically necessary’.
@[email protected] @[email protected] Laws have a scope and the scope of TDDDG is defined in its first section. You don't do anyone a favour if you randomly extend the scope of laws just to support your point of view.
You don't help these you want to protect by making false promises.
You won't get the Thunderbird people to change what's in there legitimate interested and perfectly legal.
You simply don't make the world a better place by inventing false accussions. It's just another step down.
@[email protected] @[email protected] Please inform yourself. It makes no sense to continue discussing at this level.
@[email protected] @[email protected]
Actually I did. Did you?
"Dieses Gesetz regelt [...] besondere Vorschriften zum Schutz personenbezogener Daten bei der Nutzung von Telekommunikationsdiensten und digitalen Diensten [...] den Schutz der Privatsphäre [...] den Schutz der Privatsphäre"
Privacy and personal data. That's the scope.
Data that's not personal data is out of scope.
Even more if other laws like GDPR explicitly allow processing of such data.
@[email protected] @[email protected] No, you did not. Try again. 😉
@kuketzblog @schroedingershund The term "personal data" is well defined within the scope of the GDPR. You might not like the definition of "personal data" within the scope of the GDPR, but then you have to change the GDPR first, instead of using a random definition for random laws.
@taschenorakel @schroedingershund I’m done here. There’s a fundamental lack of understanding, and I’m not going to start explaining the basics of privacy law.
@[email protected]
Do you also have arguments? Or is your highly toxic behavior an admission of your error?
@[email protected]
@[email protected] @[email protected] Anyone who accuses me of such things will be blocked. Sorry.
@[email protected]
Please remain objective!
The TTDSG (Telecommunications Telemedia Data Protection Act) not only covers personal data, but also generally regulates the storage of and access to information on end devices. This is independent of whether the data is personal or not. § Section 25 TTDSG is decisive here, as it makes any storage and reading of information subject to consent, unless the data processing is ‘technically necessary’.
@[email protected] By that interpretation the TTDSG would be in conflict with GDPR, which explicitly allows such data processing if there is a legitimate interest.
@[email protected]
The term ‘information’ in this context is deliberately broad and also includes anonymised or pseudonymised data. This is intended to protect the privacy of users privacy is to be comprehensively protected, even if other laws such as the GDPR explicitly provide for exceptions for certain types of data.
The TTDSG therefore applies as soon as technical storage takes place on the end device - regardless of whether the data concerned is categorised as personal or not.
@[email protected] @[email protected]
Actually I did. Did you?
"Dieses Gesetz regelt [...] besondere Vorschriften zum Schutz personenbezogener Daten bei der Nutzung von Telekommunikationsdiensten und digitalen Diensten [...] den Schutz der Privatsphäre [...] den Schutz der Privatsphäre"
Privacy and personal data. That's the scope. Data that's not personal data is out of scope. Evenmore if other laws like GDPR explicitly allows processing such data.