this post was submitted on 21 Jun 2023
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No Stupid Questions

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Forget all the stuff out there that says the GDPR protects EU citizens. This is a question of jurisdiction and enforcement. Say I run a blog under a business registered in the US funded by advertisers in the US. A EU citizen that comments on posts issues a GDPR request that I ignore. Their government fines me. I tell them to get bent, I am out of their jurisdiction. What can they do at that point?

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[–] [email protected] 10 points 1 year ago* (last edited 7 months ago) (4 children)
[–] [email protected] 2 points 1 year ago

Incorrect.

The current data agreement between the US and EU is neither a law nor a treaty. It is an executive order, which means it did not pass through Congress and simply reflects the policy of the current administration. Like any other executive order, it could be ignored or overturned by a subsequent administration.

Furthermore, it does not mean "GDPR is actually the law in the US". It means that the current US administration will cooperate in enforcing certain privacy rights against US law enforcement and the intelligence community. It does not give EU citizens the same rights they have in the EU under the GDPR. For example, it does not allow private individuals to sue US companies for damages in US courts.

[–] [email protected] 1 points 1 year ago

the other is for the US government to sign a treaty

Just to clarify here: it's not just the act of signing it that makes it US law. The executive branch negotiates and signs a treaty, but the treaty then has to be approved by a 2/3 majority of the Senate in order to become law.

Just wanted to make it clear that there are still checks-and-balances on this process and that it's not a loophole around Congressional approval.

[–] [email protected] 1 points 1 year ago

Thank you, I learned something new today.