"The Irish Data Protection Commission (DPC) has sent a "draft decision" (PDF) to the other European Data Protection Authorities on Facebook's legal trick to bypass the GDPR. @noybeu has published the relevant documents today.
In the DPC’s view Facebook can simply choose to include the agreement on data processing in a "contract", which would make the GDPR requirements for "consent" not apply anymore."
The Irish Data Protection Commission (DPC) is what you get when you try to have a tenant regulate their landlord.
Google, Facebook, etc., own Ireland right now.
All they have to do is raise the spectre of pulling out and taking Irish jobs with them to have the government shaking in its boots.
You expect these folks to regulate? If so, I’d like to talk to you sometime about a bridge I’m selling in Brooklyn.
@aral it has also been underfunded. I met the acting commissioner about six years ago, who was so swamped with complaints that they said it would be five years before they answered the current batch of emails. They have since hired about 30 more people to work in the office (at the time the DPC was two people!), but the commission is an intentionally soft roadblock to a tidal wave of offences by big technology companies.
It is potentially a very powerful office.
@ephemeral Regulation must be centrally handled at the EU-level, not within individual countries or Big Tech will simply locate itself in the weakest/most dependent countr(ies) as it has done with Ireland to stave off regulation.
I’m not saying the EU will execute on regulating Big Tech any better (or even that it actually has the desire to do so). I’m just saying it’s stronger than individual states. And this is about power.
@aral yes fair point. Apologies for other reply which echoes this - crossed wires. Think we are saying roughly the same thing.
@aral but arguably could be. At the least, Ireland could become a bottleneck. I think part of the problem is that, as the only primarily English speaking country in the EU, the burden has fallen on Ireland to police powerful companies.
Another important point is that Arthur Cox LLC are the legal representatives of all those big tech companies in the EU, and are a Dublin based law firm. They have a long understanding of our judicial system so can obfusticate matters effectively.
@ephemeral well, the actual problem is that Ireland is where most tech companies' European subsidiaries are located. And that is entirely due to the ridiculous tax breaks they have been getting there, which directly led to the EU bailout of Ireland in 2008.
Hopefully that is over now with the recent tax agreement.
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