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Re:Europe’s New Privacy Rules Favor Google and Facebook by paulgerhardt on Tuesday April 24, 2018 @01:42AM (#16910142)
Currently going through GDPR certification/signoff as a primarily US based company.

As a hacker, I enjoy the spirit of the thing. It’s nowhere near as dumb as the cookie pop-up law. Categorically I would prefer default third party services to flush logs rather than retain.

As a founder, the cruel business logic very much favors removing support/refusing to onboard European users.

Your exposure is in a fine for 4% of global revenue or 20 million euros. Whichever is greater. No big deal. Europe may make up 10% of your revenue. The effort is going to decrease resources by 20%+ in the short term, add unknown long term complexity and overhead, and longer term employing a compliance officer. Also can we go back to the 20 million Euro fine thing for a second? Any potential acquirer is going to want to double down on diligence before assuming risk like that.

The requirements initially seem innocent enough - ability to hard delete/export user history. Easy right. Some notes from my meeting with legal:

Well what about backups? Do you retroactively go through your backups and remove R2BF users? Do you only keep backups for 6 days? What happens if you delete the user and restore from a 5 day old backup? Do you keep a second list of users who requested you delete their data - and if so how do you store that? How do you now represent activity that materially effected other users still on the platform? Is this subbed out with a “blank shadow” user? The legislation very much does not solve for the recursive logic of “how do you track users who’ve requested deletion”. Counter-intuitively we would now have to log more user activity so we can gracefully handle rendering deleted data. Why do we have to file with a third party that we’ve deleted info on a user that requested we remove all trace of them?? What if a user enter’s PII in table entries owned by other users through that other users account? What if they do it through a third party API? Speaking of, how do you ensure your third party API partners are in compliance? What if a user enters in PII in a field that you thought should have no PII in it? How do you treat EU citizens using your service outside the EU vs inside it? What if they use it in both places? What if you have an American user who happens to be located...

Sure most of these are solvable along with the another hundred edge cases not illustrated, but for bigger apps at 50+ person companies almost every one of those points is a bullet point in a meeting that requires nuanced development from multiple stakeholders. Don’t think it’s hard? Try roll into a meeting a Twitter and explain to them how easy it would be to add a button that lets you edit tweets. Some requirements are a BFD - you can imagine how things went over in a meeting where we half-jokingly suggested we no longer make backups rather than take on the burden of implementing a backup policy that may or may not be compliant with a new law that has no precedents in court to guide drafting a spec.

The net result is implementing it with the least effort and suddenly it’s just this dogpile of cludgey UI popover screens that people click through without reading and TOS updates and mandatory log outs and a lot of other things besides that add overhead to make it “non-trivial.”

It’s a big deal because pre-series A startups will choose to avoid these waters rather than navigate them.

Re:Europe’s New Privacy Rules Favor Google and Facebook by exergy on Tuesday April 24, 2018 @01:59AM (#16910237)
While I'd love to say I sympathise, I do not. The end goal is not to make life easy for small businesses. The end goal is protecting the consumer.

All your remaining points seem more easily solved than the backup bit, but I do not understand what could be so hard about deleting a user from a backup. Perhaps I'm dumb, but just go in there and delete it retroactively? If it affects other users, that's ok. They see a [deleted] a la Reddit.

You're not responsible for ensuring the API partners are in compliance. Those companies should have to fend for themselves.

When you delete everything you stored about a user, you also delete all potential personally identifiable information, so I again do not see what the problem is.

It just sounds like a bit of whining from where I am standing. It's like a small bridge builder saying "but the standards are too damn hard!". We start with the end goal of safe Bridges and safe users and then go backwards. Not the other way around.

Re:Europe’s New Privacy Rules Favor Google and Facebook by Matt3o12_ on Tuesday April 24, 2018 @02:11AM (#16910285)
One problem with backups is that you don’t want them to be always online (store them offline and off site for disaster recovery). Backups can also be helpful in case of bugs that delete your whole database so that you can recover the data after the bug is fixed. Imagine the follow query `delete from users where id = 372936 or status = inactive`. Unfortunately, due to a bug, all users have been marked as inactive. Now you destroyed the whole database. No problem you think, just restore it from a backup. Due to the new law, this script ran also on your backup. Congratulations, you have now lost all your users. Hence, you never want to “change” backups. You only ever want to restore from them.

The easiest way to comply with it would be have a list with all user deletion requests stored somewhere else and every time you restore from a backup, you also apply this list from the backup. But have you really deleted users if you keep backups?

Re:Europe’s New Privacy Rules Favor Google and Facebook by exergy on Tuesday April 24, 2018 @02:17AM (#16910306)
It's not a shell script that you will write each time a user asks for a deletion though, would it? It will be a carefully tested and automated procedure.

It certainly sounds like the possibility of deleting all your users might actually make us all more careful, less gun-slinging, shoot-from-the-hip programmers.

Re:Europe’s New Privacy Rules Favor Google and Facebook by Matt3o12_ on Tuesday April 24, 2018 @02:25AM (#16910355)
It will probably be an SQL query and if software development has thought us anything is that testing is not enough. Proper testing can be very helpful and prevent many errors but it can never prevent all because you just cannot test for all circumstances. This is why backups are helpful and why backups should not be changeable. It is a reason why backups were made on magnetic tab back in the day so it wouldn’t be overridden by mistake. Backups were just as important back when programming wasn’t all about that fast iterating and push updates and fix later – or gun-slinging programming as you call it – as they are now.
Re:Europe’s New Privacy Rules Favor Google and Facebook by LoSboccacc on Tuesday April 24, 2018 @02:21AM (#16910331)
If backups are now live data you need to backup the backups. What happens if the procedure bugs out? It’s backups and scripts all the way down.
Re:Europe’s New Privacy Rules Favor Google and Facebook by dvfjsdhgfv on Tuesday April 24, 2018 @02:30AM (#16910387)
> All your remaining points seem more easily solved than the backup bit, but I do not understand what could be so hard about deleting a user from a backup. Perhaps I'm dumb, but just go in there and delete it retroactively?

I do backups for a living. I do them on tape, every day, and then once a month a trucks takes them to a dedicated safe. 6 backups are incremental, one is full. Please explain it to me how I'm going to delete one single user. Thank you.

Re:Europe’s New Privacy Rules Favor Google and Facebook by chopin on Tuesday April 24, 2018 @06:05AM (#16911279)
You don't keep the backup forever. GDPR forces you to reasonable measures for deletion.

You could also keep a record of "to-delete" primary keys in event of a restore along with your backups.

All of this should have been implemented a long time ago, some European countries demanded this already.

I am surprised by the lack of imagination of people if they don't want to implement something (too burdensome, technically impossible,...) who can come up with decent solutions if it fits them.

A little anecdote for this: Recently I wanted to buy some insurance. The insurance company demanded wide leeway in handling personal data which by law (in Germany) has to be opt-in. I returned the paperwork, explicitly stating that I do not consent to use of the data beyond what is strictly necessary for the contract. I was told that contract can be made only with consent and that I could revoke consent later (the latter is mandated by law. What a bull-shit show. I am looking forward to GDPR coming into effect to give these businesses a middle-finger.

Re:Europe’s New Privacy Rules Favor Google and Facebook by dvfjsdhgfv on Wednesday April 25, 2018 @07:38AM (#16920568)
It's not impossible, it's just terribly complicates very simple things. No image back ups. No incremental image backups. No incremental backups of the DB. No backup od DB dumps. You need to reorganize everything, and in this case it complicates things a lot. For small and middle-size companies dealing with a lot of customer data (like hospitality industry), this is a major headache. And we do keep our records very well.
Re:Europe’s New Privacy Rules Favor Google and Facebook by FridgeSeal on Tuesday April 24, 2018 @02:35AM (#16910407)
I agree completely.

Want to hoover up all available data, well then you'd better go to great lengths keeping it safe. Find yourself holding data that you now need to do something about? Delete it, unless it's business critical.

I really don't buy into this idea that the backups thing is that hard of a problem: if you're a startup, you'd design your infrastructure from the ground up with GDPR in mind which is going to put you in front of the competition and incumbents. Is it really, really, really that hard to have something that deletes stuff from backups? How long are we planning to keep backups anyways? Surely, when a user requests their data to be deleted it can be deleted from the main production database. Then when that db is backed up it'll overwrite previous versions (this new update then replicated out to other places) and just like that you've successfully (and easily) removed all applicable user data from all current db's and backups...

Re:Europe’s New Privacy Rules Favor Google and Facebook by zapita on Tuesday April 24, 2018 @02:19AM (#16910324)
> While I'd love to say I sympathise, I do not. The end goal is not to make life easy for small businesses. The end goal is protecting the consumer.

I understand your sentiment, but I think dismissing the issue of barrier to entries for small businesses is very shortsighted. Remember that excessive consolidation in the Internet industry is what led to the wholesale violation of consumer's privacy in the first place. So enforcing stricter data handling rules and protecting small businesses's ability to compete are two sides of the same coin. To truly protect consumers in the long run, regulators need to address both issues in a comprehensive way.

Re:Europe’s New Privacy Rules Favor Google and Facebook by exergy on Tuesday April 24, 2018 @02:26AM (#16910364)
How would you propose we do both simultaneously, though? All else being equal, I'd very much want to have both. I try to avoid big companies in all kinds of walks of life. But if I have to choose between the two options, I'd very much choose the GDPR way.
Re:Europe’s New Privacy Rules Favor Google and Facebook by zapita on Tuesday April 24, 2018 @03:18AM (#16910575)
I personally am not competent enough in this field to propose changes to GDPR that would better balance these constraints. Which is why it's so important that regulators attack the problem in a holistic way - they are the only ones with the mandate, resources and expertise to do so. If GDPR in its current form makes it harder for small businesses to compete, in my opinion that makes GDPR incomplete, and we should pressure regulators to keep improving it. To achieve that, the first step is for us as a community to agree on the scope of the problem, which is why I'm trying to convince you :-)
Re:Europe’s New Privacy Rules Favor Google and Facebook by lend000 on Tuesday April 24, 2018 @02:14AM (#16910295)
Most on HN do not appreciate the complexity of this -- perhaps more will after they are asked to implement it (or after they've implemented it and then found their implementation was wholly unsatisfactory after an unlucky legal investigation into the company). Dealing with backups is a significant expense, but dealing with data on a person that they themselves did not put on the platform is a much larger can of worms which makes it effectively impossible.

There is really no perfect way to do it, and it speaks to how unreasonable 'the right to be forgotten' actually is. When did people ever have a right to be forgotten? No one can force me to forget embarrassing things I've witnessed others do, and vice versa. The same goes for my local copies of photos, videos, diary entries, etc. of such events. Can't make me destroy those love letters you sent. You can't instigate a county-wide manhunt to destroy copies of every local newspaper that covered you in some way you want to forget. You cannot delete most of your public records in real estate, justice, business, etc. You cannot start fresh on your credit history whenever you want.

Sure, there is more easily accessible data on the average person with the Internet now, but the majority of the types of data already existed in the pre-Internet-era, perhaps with the exception of ad profiles. Consider all of the political scandals (particularly ones that happened long before they were unearthed) in the pre-Internet era.

So, what about when companies have data breaches and expose your data? I think they should absolutely be held liable. But it should be their choice to choose to be liable and determine how much they would need to forget to avoid liability. Furthermore, all of the active users are still compromised with GPDR -- only the people who opted to be forgotten benefit. So instead, there needs to be a framework for addressing data breaches and poor security, rather than deleting every trace of a specific type of data profile that a user and/or associated users posted on your platform.

Re:Europe’s New Privacy Rules Favor Google and Facebook by hvidgaard on Tuesday April 24, 2018 @02:19AM (#16910322)
The Right To Be Forgotten is a reaction to how easy it is to search for information. If I happen to be in a newspaper 5 years ago, you'd had to spend a serious amount of time to find it. With the internet you can just search and get it in a few seconds.

> only the people who opted to be forgotten benefit

That is not true. One of the main points of GDPR is that you only store data as long as it is reasonable for your business. If I haven't been a customer at a store for 5 years, I can fully expect that my data has been deleted. How long reasonable is will be determined in the court, but I expect it is going to be in the customers favor.

Re:Europe’s New Privacy Rules Favor Google and Facebook by lend000 on Tuesday April 24, 2018 @02:29AM (#16910378)
It's an overreaction -- people want to have their cake and eat it, too. The thing is, you can't participate in this connected, global world with all its benefits (including an immense amount of available information about everything, including people who have participated in it) and then undo your participation in this information sharing economy. It's an attempt at time travel / rewriting the past, and it's expensive and ultimately impossible to do perfectly. Furthermore, it is unfair to the other participants in this information economy who expect reliable, consistent information.

Exceptions for slander and copyrighted information (e.g. photos) that were posted by other users? (or even regular content posted by the user that they 100% own) Absolutely -- but even in these cases, requiring that the third-party platform owners track down all potentially offensive content (much of which may be posted by other users) and then purge every layer of their backups after removing the offending content is overkill and shifts the responsibility away from the offender (whoever posted the content, even if it was the user himself) to the platform owner.

Ultimately, the ability to un-publish content you own that you published should be sufficient regulation-wise, and most popular platforms already enable that as a basic feature.

Re:Europe’s New Privacy Rules Favor Google and Facebook by hvidgaard on Tuesday April 24, 2018 @02:59AM (#16910484)
Is it? Before all this tech only specific targeted effort would store information about me. Now everyone is tracked by multiple entities all the time.

It's not about undoing participation in information sharing. GPDR does not require Wikipedia to delete everything I've contributed, but the fact that I have contributed is subject to be deleted if I request so. Furthermore, there must be explicit opt-in, and that is a good thing.

It's a trivial problem to purge from the backup, really. It's not a hard problem to solve. Many companies have done so before, and now we might even see standard tools to do so.

Re:Europe’s New Privacy Rules Favor Google and Facebook by DanBC on Tuesday April 24, 2018 @04:02AM (#16910775)
> When did people ever have a right to be forgotten?

Rehabilitation of offenders act came into force in UK in 1974, so over 40 years.

http://www.legislation.gov.uk/ukpga/1974/53/introduction

Re:Europe’s New Privacy Rules Favor Google and Facebook by guitarbill on Tuesday April 24, 2018 @02:09AM (#16910278)
> As a founder, the cruel business logic very much favors removing support/refusing to onboard European users.

Do it, that's fine. I'd prefer to know if you can't be trusted with my data.

People whined about HTTPS, it was often an afterthought. Now you wouldn't dream of submitting stuff via HTTP. GDPR will be the same, just on a business level instead of a technical one.

> What if a user enters in PII in a field that you thought should have no PII in it?

> What happens if you delete the user and restore from a 5 day old backup?

> What if they enter PII in table entries owned by other users through that other users account?

A lot of these are a red herrings, put in there to muddy the debate. Mistakes happen, the GDPR "punishments" acknowledge that. On the other hand, many companies already treat free-form user entered text as sensitive information. Everybody who's been neglecting privacy will have a bad time adopting this. Technical debt or over-complicated systems will also make it harder, but that is also to be expected.

> How do you ensure your third party API partners are in compliance?

If I had to guess, for many companies outside the EU, this is going to be the biggest issue.

Re:Europe’s New Privacy Rules Favor Google and Facebook by hvidgaard on Tuesday April 24, 2018 @02:16AM (#16910305)
I work at a small company that non the less deliver EDRMS system to a large part of the public sector. GDPR is intentionally vague, and most of it seems to be that you have to show reasonable effort. The backup problem require some additional logic and procedure, but that is the least of the problems.

One of my main issues with GDPR is the increased Red Tape. If I need customer data for whatever reason, extract data and deliver to Risarkivet (required by law every now and then), I must get a Data Processor Agreement. Fair enough, except if I need to do a different thing the customer asks me for, I need a new DPA. Only thing that'll happen is that we have a standard made by Datatilsynet, put in customer details and job detail, and that is it. A mail provides exactly the same, it could even reference the standard DPA. That just isn't accepted by the law. I guess middle managers need something to do as well.

Re:Europe’s New Privacy Rules Favor Google and Facebook by downandout on Tuesday April 24, 2018 @01:59AM (#16910235)
As a founder, the cruel business logic very much favors removing support/refusing to onboard European users.

After consultation with GDPR experts, this, unfortunately, is the conclusion we came to at my company as well - and is the same one that many other smaller companies will arrive at as they try to comply with this unwieldy and burdensome regulation. It might take a few years, but the incredibly unhealthy end result of this law will be two Internets: one that people in the EU have access to, which will mostly be operated by large companies that can afford to implement GDPR, and another including all sites that the rest of the world can access. My guess is that this will also have a significant negative impact on EU startup funding, as the risk of being wiped out by fines for even minor violations of this very complicated law that is subject to unique legal interpretations in each of 28 different countries is quite high. Few investors are going to take on that kind of risk.

In short, this law is already on track to create a fractured Internet that deprives EU citizens of access to the vast majority of Internet services, and consolidates the private data that their regulators are so worried about in the hands of a few giants.

Re:Europe’s New Privacy Rules Favor Google and Facebook by tedeh on Tuesday April 24, 2018 @02:25AM (#16910354)
"The vast majority of internet services" I haven't seen a single service preparing to explicitly tell EU users to go somewhere else, except random comments on HN claiming so. Also the EU economy is about the size of the US so can't easily be ignored fortunately.

Also, why does a company or anyone else "own" personally identifiable information in the first place? The logic is completely inverted and we seem to have all been OK with it in the first place. Why does a company like Facebook "own" what is mine from the beginning — is it just because it is in a row in their database? Is it because I once clicked OK on a TOS? Now I can revoke this consent and Facebook and others have to comply. Previously they could just tell me to FO. Sounds like a great win for users!

Re:Europe’s New Privacy Rules Favor Google and Facebook by downandout on Tuesday April 24, 2018 @02:33AM (#16910402)
Again, large companies will have no problem implementing it. They have multi-million dollar budgets for lawyers etc. At first, most smaller companies won't turn away EU traffic, nor will they comply with GDPR. But as more companies become aware of the regulation and the extraordinary financial liability that comes with EU traffic, most outside the EU will simply turn away that traffic. It might take a few years or even a decade - but it will happen. It won't take too many horror stories about how small companies were destroyed by huge fines out of Germany, for example, to turn the blocking of EU traffic into standard operating procedure.

The issue isn't really even about any desire on the part of companies to abuse personal data. It comes down to the many ways that even companies with the best of intentions can violate this regulation.

Re:Europe’s New Privacy Rules Favor Google and Facebook by AstralStorm on Tuesday April 24, 2018 @04:00AM (#16910768)
You seem to be forgetting that small companies have small databases. Getting removed from a manually handled filling cabinet is easy. Add is from a manually managed database, even when it is backed up regularly.

It is also trivial to enforce a routine manual scrub of small amounts of private data.

The only people who might have trouble are "small" data resellers having millions of accounts of personal data. It is good they will have to comply.

Re:Europe’s New Privacy Rules Favor Google and Facebook by downandout on Tuesday April 24, 2018 @04:16AM (#16910818)
Deletion is one tiny part of this terrible law. I suspect that most of the trouble will come from undisclosed third party trackers that the site may not even know is there. For example, imagine a company uses an image from an image hosting company like imgur on some of its pages, and at some point the image host decides to start sending its own cookies. That completely innocent scenario could result in millions of dollars in fines for the site under GDPR. Because of this singular issue, all forums that have ever allowed users to post images from third party sites (which most do) will likely run afoul of the GDPR, simply because they will be causing tracking cookies to load that they don’t even know about - and this is just one of hundreds of examples of issues that will put massive swaths of sites in violation and make them subject to fines by revenue-hungry EU member states.
Re:Europe’s New Privacy Rules Favor Google and Facebook by AstralStorm on Tuesday April 24, 2018 @11:13PM (#16918394)
If you did not know the breach has occurred, you're legally in the clear. Once you do know, you have some obligations. For bigger companies, you have to appoint a data protection officer who is supposed to know. (This includes big as in amounts of data too.)

If you're using a third party service, you will have to use it with prejudice. No more randomly including J. Random noncompliant Ad Agency as a middle man illegitimate handler and washing hangs of it.

Also URLs are perfectly fine as you're not processing the data. The thing that changes is that you have to specify which third party service you use and that it is externally managed. Probably link to their privacy policy and they also have to be compliant with GDPR. This will make it possible to actually get rid of the images and protect your privacy.

Re:Europe’s New Privacy Rules Favor Google and Facebook by exergy on Tuesday April 24, 2018 @02:11AM (#16910283)
I used to work for an automotive company. The EU pollution standards were always the strictest. So we made multiple versions of our vehicles, with the cleanest ones for the European market. Even though it only saved us a few cents per vehicle, we used worse parts for non EU markets.

Guess where the air is purest?

Re:Europe’s New Privacy Rules Favor Google and Facebook by q12we34rt5 on Tuesday April 24, 2018 @02:40AM (#16910424)
>Guess where the air is purest?

Not the EU, that's for sure.

https://www.nytimes.com/2016/05/12/science/who-says-europe-t...

Re:Europe’s New Privacy Rules Favor Google and Facebook by glogla on Tuesday April 24, 2018 @02:23AM (#16910341)
Actually European cities have really shitty air becausr of all the diesels. Thay can't be outlawed soon enough.
Re:Europe’s New Privacy Rules Favor Google and Facebook by netrus on Tuesday April 24, 2018 @02:12AM (#16910289)
Maybe that's a chance for European internet startups? Entry barriers for foreign startups give European companies a headstart, while successful, more mature foreign companies will comply with EU standards to get access to the market. Sure, Europe loses access to products of early stage startups, but maybe that's a good trade-off? (Disclaimer: I have no hard opinion on this matter, just a thought).
Re:Europe’s New Privacy Rules Favor Google and Facebook by downandout on Tuesday April 24, 2018 @02:27AM (#16910369)
I think that any startup that allows EU traffic to access its services is going to be a tough sell to investors in a GDPR world. Who wants to put, say $1 million, into a startup that could easily be fined that amount or more for inadvertent violations? There's a whole other world of markets out there and only one that imposes this risk on companies. GDPR just introduces too much risk, even for those companies with the best of intentions.
Re:Europe’s New Privacy Rules Favor Google and Facebook by johnchristopher on Tuesday April 24, 2018 @01:57AM (#16910228)
Backups to restore services are okay since their purposes is to restore services.

Archives should be pruned.

Re:Europe’s New Privacy Rules Favor Google and Facebook by itcmcgrath on Tuesday April 24, 2018 @02:19AM (#16910315)
* Take Backup 1 which contains users A,B and C.

* User A requests to be deleted and is from prod.

* Deploy bad code between backup 1 and 2 - oh noes prod is corrupted!

* Restore backup 1, which restores user A

So - how doesn't this work for GDPR?

Re:Europe’s New Privacy Rules Favor Google and Facebook by hvidgaard on Tuesday April 24, 2018 @02:24AM (#16910348)
Your procedure should include what to do with the deleted users when you backup. You'd have to keep logs of it anyway. Trivial problem to solve.
Re:Europe’s New Privacy Rules Favor Google and Facebook by rodelrod on Tuesday April 24, 2018 @02:23AM (#16910342)
If US companies take that route, that would give fledgling EU startups that have no choice but to comply with GDPR from day one a nice little moat around a market of half a billion people. (And cause the survivors to come stronger out of it, unlike most protectionist-type measures.)

Now let's try to figure out that tricky backup problem!

Re:Europe’s New Privacy Rules Favor Google and Facebook by donkeyd on Tuesday April 24, 2018 @02:27AM (#16910368)
> Well what about backups? Do you retroactively go through your backups and remove R2BF users?

Good one, hadn't even though of this. I planned on my VPN provider handling off-site backups for me, but this would mean I'm unable to delete a use from backups.

Does anybody have a solid solution for this?

Re:Europe’s New Privacy Rules Favor Google and Facebook by guitarbill on Tuesday April 24, 2018 @03:17AM (#16910565)
Keep backups for less than the timeframe you have for "right to erasure" (less than 30 days is probably safe), make them non-accessible by default/to normal staff, only use them to restore in an emergency, job done.

It's not fucking hard, although a lot of people seem to be struggling with the concept of not hoarding data, or privacy in general.

Re:Europe’s New Privacy Rules Favor Google and Facebook by donkeyd on Thursday April 26, 2018 @03:27AM (#16929622)
Thanks, this is pretty good advice.