Re:Facebook Ordered to Stop Collecting Data on WhatsApp User...
by rmc on Tuesday September 27, 2016 @08:15AM
(#12588979)
Extreme non-techies will say "WhatsApp is broken, use this app instead". People who read the news will know it's about the US companies wanting to spy on your data (remember Germans don't have US 4th Amendment rights), and will switch apps.
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Re:Facebook Ordered to Stop Collecting Data on WhatsApp User...
by germanier on Tuesday September 27, 2016 @01:13PM
(#12591193)
I'm not convinced German constitutional protections are weaker than the 4th Amendment. The constitution even includes a right to the guarantee of confidentiality and integrity of information technology systems as ruled by the constitutional court. https://www.bundesverfassungsgericht.de/SharedDocs/Entscheid...
Re:Facebook Ordered to Stop Collecting Data on WhatsApp User...
by rmc on Wednesday September 28, 2016 @05:06AM
(#12596324)
> I'm not convinced German constitutional protections are weaker than the 4th Amendment.
Here's a report from the EU commission about why the US constitutional/legal protection is much less than the EU (and hence German) equivalent:
http://www.europarl.europa.eu/RegData/etudes/STUD/2015/519215/IPOL_STU%282015%29519215_EN.pdf
Basically: Unlike the EU Charter of Fundamental Rights, US 4th Amendment doesn't cover non-US people outside the US, and it only covers government warrents. What Facebook does with your data is not covered by the 4th Amendment. What Facebook does with your data is covered by Article 8 of the EUCFR.
Re:Facebook Ordered to Stop Collecting Data on WhatsApp User...
by kuschku on Tuesday September 27, 2016 @07:08PM
(#12594058)
I think the argument is more that Facebook is a US company, Facebook isn’t bound by German law (unless they operate in Germany, which they do), and the 4th Amendment only applies to Americans.
Re:Facebook Ordered to Stop Collecting Data on WhatsApp User...
by rmc on Wednesday September 28, 2016 @05:08AM
(#12596337)
> Facebook isn’t bound by German law (unless they operate in Germany, which they do)
If you're not in the USA or Canada, and use Facebook, your agreement is with Facebook Ireland Ltd, and bound by Irish, and European, data protection law.
A Facebook user in India has EU data protection rights.