this post was submitted on 19 Jun 2023
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Which is indeed a problem as it makes it impossible for any admin to host in the EU or for EU citizens, in theory. GDPR §7 makes it very clear that complete deletion of all personal data (and yes,a Lemmy comment is personal data) must be facilitated by the original data collection point.
it can't make it impossible. If facebook sold data to amazon, so now amazon has a copy, and then facebook's user asks their data to be deleted, facebook can't just march into amazon's servers and delete the data themselves. The best they can do is send a formal notice to amazon requesting it be deleted, which sounds like what lemmy does. At this point it's up to the federated server if they comply with the law...
Actually that is exactly what the GDPR stipulates. In your example Facebook needs a data processing agreement that ensures that all rights of the data owners are secured and the GDPR is followed. Facebook is liable here, not Amazon - the user must explicitly NOT ask Amazon to delete as the user may not even know where the data went to/should not be bothered to write requests to a huge amount of different data processing locations.
But, @hikaru755@feddit.de added another interesting point: The Instance may or may not be seen as a single data processing entity that does not voluntarily hands over data to other instances. That could indeed be a reasonable cause as e.g. data scrubbers are not within the sphere of influence of e.g. a service publicly displaying data. But as the whole network is build on interconnected nodes I wouldn't count on it if that reasoning would fly in front of a court. It may. Or it may not.
The originating instance definitely cannot be held responsible for failing to force a separate instance in another country to delete its cached copy of user data imo. I think what is more likely is that EU courts could force European Jimmy instances to only federate with GDPR-compliant instances. (so federation by whitelist rather than blacklist)
This is incorrect if the data transfer was done voluntarily/planned. This also applies to EU data outside the EU - Meta has been fined a 1.2 billion euro for that.
And no, the definitive definition of the data transfer extent is a key point of the GDPR. Each and every data owner has the right to know where their data is stored exactly. So a "EU only" would not be enough - It is basically already mandatory as transfer to other countries is a major problem after Schrems 2.
Ah yeah if the originating instance sends data to a secondary one then that is somewhat different.
Transfers it voluntarily. Which is the case in the Fediverse.