[HN Gopher] Google users in UK to lose EU data protection - sources
___________________________________________________________________
Google users in UK to lose EU data protection - sources
Author : vinnyglennon
Score : 70 points
Date : 2020-02-19 21:44 UTC (1 hours ago)
(HTM) web link (www.reuters.com)
(TXT) w3m dump (www.reuters.com)
| duedl0r wrote:
| "Ha ha!" Nelson Muntz
| thefounder wrote:
| We will get Boris protection!
| arrivance wrote:
| Per Wikipedia [1]:
|
| Under section 3 of the European Union (Withdrawal) Act 2018,[2]
| the GDPR will be incorporated directly into domestic law
| immediately after the UK exits the European Union.
|
| [1]: https://en.wikipedia.org/wiki/Data_Protection_Act_2018 [2]:
| http://www.legislation.gov.uk/ukpga/2018/16/section/3/enacte...
| jason0597 wrote:
| So much for "we get to write our own laws!!!" as per the
| Brexiteers. We'll just copy paste EU laws!
| blibble wrote:
| what exactly did you expect on day 1: a complete redesign of
| hundreds of thousands of pages of laws?
|
| over time UK law will diverge from EU law (in the same way
| that US law diverged from UK law after 1776)
| lopmotr wrote:
| They obviously can change them whenever they want. So no.
| thinkingemote wrote:
| The UK has all the EU laws it had before Brexit. It needs a new
| law in the UK to remove existing things. UK will not lose
| protection until the UK decides upon it.
| SiempreViernes wrote:
| The article basically claims that google won't bother to follow
| developments in UK regulation, and instead ask all users to
| accept a move to US regulation. Presumably this means stopping
| service for those that don't accept.
| Seenso wrote:
| > The UK has all the EU laws it had before Brexit. It needs a
| new law in the UK to remove existing things. UK will not lose
| protection until the UK decides upon it.
|
| Not quite _all_ of EU law will be retained:
|
| https://researchbriefings.parliament.uk/ResearchBriefing/Sum...
| :
|
| > [T]he UK is specifically not retaining:
|
| > * the Charter of Fundamental Rights of the European Union;
|
| > * the legislative instruments known as EU directives
| themselves (as opposed to the legislation implementing them or
| rights and obligations under them, which will be retained);
|
| > * the principle of supremacy of EU law (for prospective
| legislation); and
|
| > * the Francovich principle of state liability (in relation to
| post exit facts).
| irthomasthomas wrote:
| Britain never was bound by the EU Charter of Fundamental
| Rights. Read the small print.... Protocol 30: ON THE
| APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE
| EUROPEAN UNION TO POLAND AND TO THE UNITED KINGDOM...
|
| 1. The Charter does not extend the ability of the Court of
| Justice of the European Union, or any court or tribunal of
| Poland or of the United Kingdom, to find that the laws,
| regulations or administrative provisions, practices or action
| of Poland or of the United Kingdom are inconsistent with the
| fundamental rights, freedoms and principles that it
| reaffirms.
|
| 2. In particular, and for the avoidance of doubt, nothing in
| Title IV of the Charter creates justiciable rights applicable
| to Poland or the United Kingdom except in so far as Poland or
| the United Kingdom has provided for such rights in its
| national law.
|
| Article 2
|
| To the extent that a provision of the Charter refers to
| national laws and practices, it shall only apply to Poland or
| the United Kingdom to the extent that the rights or
| principles that it contains are recognised in the law or
| practices of Poland or of the United Kingdom.
| kzrdude wrote:
| Exiting the jurisdiction of European Court of Justice should
| be a rather big change in theory as well
| TheRealPomax wrote:
| Except not quite: while the UK will have laws that effectively
| mirror the GDPR, the crucial difference is that it's now a UK
| law, not a European law, and there is no EU enforcement of that
| UK law.
|
| UK citizens also won't be able to appeal all the way up the EU
| courts: it stops at the UK supreme court.
|
| And most importantly: now that the UK is out of the EU, it is a
| tiny, barely relevant factor in multinational corporate online
| practice. Any business that gets told by the UK to follow their
| GDPR can quite comfortably go "lol, no" and barely affect their
| bottom line, as opposed to having the entire EU block go "obey
| our GDPR or we won't let you do business in any of these 27
| nations, a large portion of which make up a substantial cut of
| your global revenue".
|
| The biggest players won't, of course, but smaller companies?
| ReptileMan wrote:
| One can only hope. Big EU initiatives are two types - first prove
| that road to hell is paved with good intentions, the other are
| similar to Herod reforming the preschool industry in Bethlehem.
|
| GDPR is nightmare that has not improved anything except now we
| have to click for both cookies and GDPR form. I don't feel
| protected by it, mostly annoyed. And a lot of sites did the smart
| thing - just cut off access for EU ips - thanks Brussels.
| qmmmur wrote:
| And that you are legally culpable for violating it's terms.
| ReptileMan wrote:
| I am talking from consumer perspective - nothing improved.
| goatinaboat wrote:
| This is true. GDPR has proved to be completely toothless.
| Flagrant offenders flaunt it brazenly. The much-vaunted
| 4%-of-turnover fines have never once been enforced.
| HatchedLake721 wrote:
| This 3 day thread from creator of Ruby on Rails and Founder/CTO
| of Basecamp is for you then
| https://twitter.com/dhh/status/1229440501507485696
| itqwertz wrote:
| Does this mean the end of the cookies pop ups?
| mhh__ wrote:
| Damn we're taking back control already
| tempestn wrote:
| No, since the whole world gets to live with those stupid
| things.
| tgsovlerkhgsel wrote:
| Many sites geocode them. If you are outside the EU (+ "close
| enough" countries like Switzerland, Norway, ...) and think
| you're getting a lot, you'd be getting a lot more in the EU.
| osrec wrote:
| Those were the most poorly conceived things in the history of
| tech legislation. They literally solved nothing.
| iamben wrote:
| And regular users will now click accept to _anything_ ,
| without reading a thing, because they just want to
| buy/read/watch whatever they clicked on.
| yread wrote:
| Some websites don't use third party cookies or trackers so
| they don't have to show the popup. Like mine
| yardstick wrote:
| That's great. Same with mine. Sadly most sites still use
| them, and will still display the banners with no real
| option but to accept. Most are horrendous to deal with.
| eh78ssxv2f wrote:
| There might be a small subset of websites that do not show
| popup. However, the question is whether the users adjust
| their browsing behavior based on those popups or not? If
| the users have just become acclimatized to clicking on
| them, then the situation has not really changed in any
| meaningful way.
| vonmoltke wrote:
| From what I can tell, the official EU website
| (https://europa.eu) does not use third-party cookies or
| trackers. They have a pop-up.
| gowld wrote:
| > Google is planning to move its British users' accounts out of
| the control of European Union privacy regulators, placing them
| under U.S. jurisdiction instead, sources said.
|
| Did the author mean "US", or "UK?
|
| This article seems confused. I don't think the author knows what
| they are writing about.
| Seenso wrote:
| > Did the author mean "US", or "UK?
|
| > This article seems confused. I don't think the author knows
| what they are writing about.
|
| They meant US, and the authors clearly weren't confused:
|
| > If British Google users have their data kept in Ireland, it
| would be more difficult for British authorities to recover it
| in criminal investigations.
|
| > The recent Cloud Act in the United States, however, is
| expected to make it easier for British authorities to obtain
| data from U.S. companies. Britain and the United States are
| also on track to negotiate a broader trade agreement.
| YetAnotherNick wrote:
| What exactly are the EU protections that I don't get as an non EU
| citizen? I thought most companies applied EU laws like data
| deletion and data download(at leas Google did afaik) worldwide.
| SpicyLemonZest wrote:
| I think the article is talking primarily about the
| jurisdictional requirement - sounds like they plan to domicile
| UK data in the US again.
| irthomasthomas wrote:
| You never did have any special rights that where not already
| afforded to you by UK law. See my comment above for more info
| on that.
| bhickey wrote:
| The GDPR applies to residents, not citizens.
| Havoc wrote:
| That would seem pretty self-evident, no?
| rwmj wrote:
| No. During the current transition period there's a treaty which
| (to paraphrase the situation greatly) causes the UK to be
| treated as if it was in the EU. What happens when that ends (on
| 31st Dec 2020) is not yet clear, despite the large amounts of
| noise being made by the UK government. It will depend on what
| deal if any is struck before then.
| barnaclebuster wrote:
| It's much more likely to depend on what UK legislation is in
| force. Right now there is UK legislation to enact GDPR and
| that does not simply disappear because the UK left the EU.
| Unless new laws are passed, whatever is on the UK statute
| books remains unaltered.
| g_p wrote:
| Indeed - the Data Protection Act (2018) effectively is the
| GDPR, by updating existing data protection legislation.
| Indeed, some parts of it are referenced against the GDPR
| itself, e.g. paragraph 157 on penalties.
___________________________________________________________________
(page generated 2020-02-19 23:00 UTC)