Re:GDPR: Removing Monal from the EU
by dragonwriter on Thursday May 17, 2018 @08:43PM
(#17097666)
Bigger than the DPO issue for processing Article 9 special data is the fact that processing Article 9 special data is generally prohibited outside of enumerated exceptions.
> so if his chat app has someone in the EU chatting about trade union membership while this chat service then "processes" that data, they might be held liable to the DPO requirement.
This is a ridiculous argument. No, someone in the EU chatting about trade union membership does not magically require him to hire a DPO.
Please.
i think you are being a bit naive and dismissive. the law could easily be interpreted as his endeavor requiring a Data Protection Officer. the guidelines (http://ec.europa.eu/newsroom/document.cfm?doc_id=44100) for the DPO require that processing "special categories of data" needs a DPO. those categories include tings as benign as "trade union membership."
so if his chat app has someone in the EU chatting about trade union membership while this chat service then "processes" that data, they might be held liable to the DPO requirement.