back to article Max Schrems is back: Facebook, Google hit with GDPR complaint

Max Schrems, the thorn in Facebook’s side, has returned to launch the first challenges under the EU’s new data protection laws. The complaints, filed on the day Europe's General Data Protection Regulation (GDPR) comes into force, take aim at what he describes as Google and Facebook’s “forced consent”. Under the GDPR, when …

Page:

  1. BoldMan

    ...and so it begins... <popcorn>

    1. Danny 14

      yeah, I thought ICANN might have been the first.

      1. onefang

        "yeah, I thought ICANN might have been the first."

        Nah, it'll take ICANN another few years to be ready to fight GDPR stuff.

    2. anothercynic Silver badge

      Oh yes...

      *sets up popcorn stall* :-)

      1. Jay Lenovo
        Pirate

        Re: Oh yes...

        Great time to be a lawyer...

        Chum chum, chum chum, chum chum, dah dah dah-hhh

        1. bombastic bob Silver badge
          WTF?

          Re: Oh yes...

          chum chum ... ??? (oh theme from jaws! l[aw]yers = sharks! got it)

      2. CrazyOldCatMan Silver badge

        Re: Oh yes...

        *sets up popcorn stall* :-)

        *Narrows eyes* - you processing any personal data on that stall?

        1. cantankerous swineherd

          Re: Oh yes...

          only the finest popcorn being processed here kind sir.

    3. GrapeBunch

      Where are the clowns?

      There ought to be clowns.

      1. Custard Fridge

        Don’t bother, drink beer

    4. Anonymous Coward
      Anonymous Coward

      One interesting move would be for Google and Facebook to withdraw access for all users subject to GDPR.

      The public outcry would be so vehement the only way a government that continued supporting GDPR could survive for more than 24 hours would be if the protestors couldn't use Facebook and Google to press home their grievance......

      1. Yet Another Anonymous coward Silver badge

        US newspapers are doing this today - to try and force an exemption for "quality journalism"

        1. Anonymous Coward
          Anonymous Coward

          "US newspapers are doing this today - to try and force an exemption for "quality journalism""

          Ok. Let us know when they have some.

        2. Spanners Silver badge
          Pint

          @YAAC

          Quality journalism must be rarer on that side of the pond than it is here

      2. Anonymous Coward
        Anonymous Coward

        One interesting move would be for Google and Facebook to withdraw access for all users subject to GDPR. The public outcry would be so vehement the only way a government that continued supporting GDPR could survive for more than 24 hours would be if the protestors couldn't use Facebook and Google to press home their grievance......

        Could be, but how would the Americans then get their intelligence on Europe*? The UK is about to step out, and ECHELON is becoming less and less relevant with the advance of secure message apps that carry voice. I rather think that Google will cough up whatever fine gets lobbed at them, and then knocks on the door of the NSA for a nice chunk of the gazillions annually sunk into the US espionage engine - after all, they're one of the major data providers.

        But it's nice to be proven right :).

        * Well, OK, apart from Google Home and Amazon Alexa intercept - if you didn't see that one coming you must be new here :)

      3. John Brown (no body) Silver badge

        "One interesting move would be for Google and Facebook to withdraw access for all users subject to GDPR."

        You think they'd cut off a market bigger than the USA by 180+million people just because of a data privacy strop?

        1. Charles 9

          They will if the price of compliance is too great and the return isn't really worth it.

          1. John Brown (no body) Silver badge

            "They will if the price of compliance is too great and the return isn't really worth it."

            Any company with that small a return won't be missed since they already have to comply with local laws wherever they do business in the world. Or, for that matter, even inters-state within the US.

        2. Alan Brown Silver badge

          "You think they'd cut off a market bigger than the USA by 180+million people just because of a data privacy strop?"

          Not just larger by numbers, but an economy larger than the USA (USA is #3 or #4 depending on how you interpret the figures for India)

      4. SebastianRR

        To withdraw out of spite would be met with a shareholder revolt and calls for resignation of CEO and board. Giving up on the European market is a complete non-starter.

    5. Anonymous Coward
      Anonymous Coward

      So does GDPR effectively make Facebook's real names policy illegal?

      This should be good, and maybe how the EU can solve it's budget crises once the UK stops subsidising it!

      1. Anonymous Coward
        Anonymous Coward

        > This should be good, and maybe how the EU can solve it's budget crises once the UK stops subsidising it!

        Boris, you can drop the pretence now. You won.

        1. Anonymous Coward
          Anonymous Coward

          "Boris, you can drop the pretence now. "

          No pretence here. It's a fact that the UK subsidises the EU by about £160 million a week net.

          1. Anonymous Coward
            Anonymous Coward

            Not quite so fast....

            Yes we are a net contributor to the EU, but as with most businesses you have to look carefully at what you get back, because with EU membership we don't get charged for some things, e.g. border taxes and crossings, as well as intangibles such as consistent and standardised regulations, so if you are a manufacturer and distributor of, say chemicals, then you know that your business doesn't have to worry about a different regulatory regime for different countries.

            As we have been in the EU for so long, people have forgotten what non-frictionless trading is like, we forget about the paperwork and the lorries held up in customs because some plonker back at head office has not done the right form. HMRC hasn't forgotten and is talking about £20B per year of additional costs due to borders.

            Now I know that the swivel eyed loonies exiteers think that this is nonsence, but if it comes to trusting the head of HMRC over Gove (no time for experts), Johnson (somebody who would sell his children for high office) or Rees Mog (who is still living sometime in the last century) I know who I would trust. Even if the HMRC estimates are 50% too high, that's still £10BN there.

            So all this talk of £350M/week or £163M/week to the EU that we can claw back is simply pie in the sky.

            The arguments of the Brexiteers remind me of the Climate Change Deniers, they find a single fact to hold onto and worry it to death. There't not a single credible piece of analysis that says we will be better off outside of the EU. Note the word credible, a pile of right wing junk from the ERA is not credible.

            I have a feeling that this govt will fall before the end of the year and then all bets are off, mind youy Corbyn distrusts the EU more than Give does, but he might be a little more pragmatic and shouldn't be in the pocket of the NI Taliban, aka the DUP.

            1. Alan Brown Silver badge

              Re: Not quite so fast....

              "The arguments of the Brexiteers remind me of the Climate Change Deniers, they find a single fact to hold onto and worry it to death. "

              The climate change deniers are so loud and have so much politictal clout that they've forced pretty much all climate change estimates to be extremely conservative.

              The reality of climate change is looking to be far _far_ worse than science has been predicting since the naysayers started their campaigns and virtually exactly on track of the near-worst case scenarios put forward in the 1990s before the vested interests started funding the naysayers to shout the science down.

              Sea level rise is the least of the worries in things to come. Ocean food chain collapse and reduction in oxygen levels are likely to happen sooner.

            2. Cederic Silver badge

              Re: Not quite so fast....

              people have forgotten what non-frictionless trading is like, we forget about the paperwork

              That's weird. You mean the UK doesn't trade outside of the EU at the moment?

              I must be getting old, I could have sworn we have global trading relationships. Maybe the new EU one could work like the ones we have with China, or America, or Canada, or Australia, or Papua New Guinea.

              There't not a single credible piece of analysis that says we will be better off outside of the EU.

              What makes you think I care about whether we're better off? The economy wasn't the primary factor in my preference to leave the EU.

              1. tiggity Silver badge

                Re: Not quite so fast....

                @ Cederic "What makes you think I care about whether we're better off? The economy wasn't the primary factor in my preference to leave the EU."

                Makes a refreshing change from the usual person who voted brexit for racist reasons but claimed it was for economy reasons

              2. Alan Brown Silver badge

                Re: Not quite so fast....

                "You mean the UK doesn't trade outside of the EU at the moment?"

                1: Not markets that can be accessed via lorry

                2: Have you had to deal with customs delays due to paperwork when your goods are on the docks? The parking fee structures for containers ensure it gets very expensive very quickly, so there's strong incentive to get it right before the ship arrives.

                1. Anonymous Coward
                  Anonymous Coward

                  Re: Not quite so fast....

                  "1: Not markets that can be accessed via lorry"

                  Many lorries use shipping containers. So called because they can go via ships...

              3. strum

                Re: Not quite so fast....

                > I could have sworn we have global trading relationships

                Most of our non-EU relationships have been negotiated by the EU - over 700 treaties. These will all have to be renegotiated.

            3. Anonymous Coward
              Anonymous Coward

              Re: Not quite so fast....

              "Yes we are a net contributor to the EU"

              So as stated, it costs us £160 million a week net in cash terms. The Brexit bus rather misleadingly said that "we send Brussels £350M a week" which is true, but rather naughtily didn't mention that we get about £190M a week back in net benefits.

              As with most businesses you have to look carefully at what you get back, because with EU membership we don't get charged for some things, e.g. border taxes and crossings, as well as intangibles such as consistent and standardised regulations, so if you are a manufacturer and distributor of, say chemicals, then you know that your business doesn't have to worry about a different regulatory regime for different countries."

              We will be free to negotiate similar agreements with the rest of the planet. And we can retain / adopt regulations that make sense and ditch those that have a greater cost than benefit to us.

        2. TheSirFin

          won for now ...... defeat is never final, and victory is never eternal!

    6. Anonymous Coward
      Anonymous Coward

      Bellend

      The guy is a bellend, quite clearly these companies are not charities, if you don't like the cost of the product (in terms of privacy) don't buy it....

      Simple are that. You have to because total bellend to think you can take the nice bits but leave the bad bits.

      1. Paul Crawford Silver badge

        Re: Bellend

        You have to because total bellend to think you can take the nice bits but leave the bad bits.

        Why bring up Brexit here?

  2. Voland's right hand Silver badge

    he is missing the lowest hanging fruit

    F**book and G00G still have 13 years cut-n-paste from COPPA in their T&Cs.

    That is invalid in Europe. A minor cannot consent to their data being processed without written parental consent of at least one parent, usually both parents/guardians until they have reached the age of full legal responsibility - between 16 and 18 depending on which country.

    He should add that one too. Just for laughs if not for any other reasons. If he does not have a suitable offspring to file the complaint, I am sure the el-reg readership can give their kids some interesting ideas who to talk to on this one.

    1. Steve K

      Re: he is missing the lowest hanging fruit

      Shadow profiles too please!

      1. CrazyOldCatMan Silver badge

        Re: he is missing the lowest hanging fruit

        Shadow profiles too please!

        Even under the old system these were arguably illegal. Under GDPR, utterly and certainly illegal.

        1. The Nazz

          Re: he is missing the lowest hanging fruit

          re COCM

          What, even if Hank Marvin, John Farrar etc give their consent?

      2. israel_hands

        Re: he is missing the lowest hanging fruit

        I'm planning on hitting Whatsapp and Facebook myself for shadow profiles. I've never used their services but I know they've slurped my e-mail address and other details from my other half's phone (she uses Whatsapp unfortunately) and friend's Facebook accounts.

        So I'm going to ask them to delete my data. And then refuse to provide any identifying data (because what would be the point of providing them data I explicitly don't want them to have?). Then asking them to just delete all data they don't have explicit opt-in consent to hold, on the grounds that my data will be in there somewhere and that's the only way to ensure that they successfully delete it without being able to personally identify me.

        I'm strongly considering investing in metaphorical popcorn futures. Seems like a booming market.

        1. Ken Hagan Gold badge

          Re: he is missing the lowest hanging fruit

          "So I'm going to ask them to delete my data. And then refuse to provide any identifying data (because what would be the point of providing them data I explicitly don't want them to have?). "

          Dear israel_hands,

          We have deleted all our data on you. (This email was generated before we did that, sent on successful completion of the task, and was not been copied to our "Sent" folder.)

          Obviously there is no way for us or you to prove that this is the case, because all the evidence is gone, but we've done it. Happy?

          Love, Facebook.

          1. Hans 1

            Re: he is missing the lowest hanging fruit

            Exactly! If a user des not want his data stored, how do you ensure that??? You need to know which users don't want their data stored, else, you have to ask every time defeating the purpose... at some point, user Will give consent...

            1. Alan Brown Silver badge

              Re: he is missing the lowest hanging fruit

              "Exactly! If a user des not want his data stored, how do you ensure that???"

              Easy: Under GDPR you only store the data of those who have given explicit consent for their data to be stored.

              Consent is not fungible (meaning someone else cannot consent on your behalf), so all of those contract terms in the T&C where "you confirm you have permission to share someone else's details" have zero legal validity.

              The next step along the GDPR path will be for someone to challenge those clauses and attempt to get the T&C declared void.

        2. jdoe.700101

          Re: he is missing the lowest hanging fruit

          He may also wish to ask WhatsApp why they are not enforcing their terms and services. Because I suspect that the majority of their users are in violation of the following:

          Address Book. You provide us the phone numbers of WhatsApp users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

    2. Bob Magoo

      Re: he is missing the lowest hanging fruit

      There is a digital age of consent provided for in the GDPR with has nothing to do with the age of full legal maturity as you put it. It is up to each country to set their own age of consent, between 13 & 16, but it's 16 by default.

      They are mapped out here - https://www.betterinternetforkids.eu/web/portal/practice/awareness/detail?articleId=3017751

      1. Voland's right hand Silver badge

        Re: he is missing the lowest hanging fruit

        There is a digital age of consent provided for in the GDPR

        Thanks for pointing it - I overlooked it when scanning through GDPR a while back.

        However, this makes things even more interesting. Prior to GDPR it was the legal major age which is 16-18 in most countries so there is a good case for historic enforcement.

        With GDPR setting it to 16 unless specifically lowered, the cut-n-paste from COPPA in USAsian company terms is still illegal everywhere except Estonia which is the only one to both go for 13 years and actually enact them.

        1. Anonymous Coward
          Anonymous Coward

          Re: he is missing the lowest hanging fruit

          The age is one of the parts which can be 'tweaked' by individual states - it can't be any lower than 13 - but it can be increased if they wish.

  3. Anonymous Coward
    Facepalm

    This will go nowhere in court...

    Because nobody is forcing you to use these services...

    If you don't agree to their terms and conditions then don't use them...

    If you DO wan't to use them then part of the deal is that you have to agree to their terms...

    This guy seems to want his cake and eat it too !

    1. Aristotles slow and dimwitted horse

      Re: This will go nowhere in court...

      Ummm... I think you've missed the entire point. Leave this to the grown ups please.

      1. CrazyOldCatMan Silver badge

        Re: This will go nowhere in court...

        Leave this to the grown ups please.

        It's coming to something when even a slow and dimwitted horse is brighter than GDPR antagonists..

        :-)

        1. Aqua Marina

          Re: This will go nowhere in court...

          I do believe this will be the purpose of the court case. Until a law has it's day in court, everything anyone says (including reg commentards) is opinion and speculation.

Page:

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Other stories you might like