Cf: https://www.cnil.fr/sites/default/files/atoms/files/recomman... (in French, though)
257 karma · joined March 3, 2023
Cf: https://www.cnil.fr/sites/default/files/atoms/files/recomman... (in French, though)
The EDPS recently said that under the Charter, the infamous “Chat Control” would always be illegal in the EU: https://www.euractiv.com/section/law-enforcement/news/eu-wat....
I must be more nuanced, though: existing libraries in opam are generally very, very good (I really like cmdliner), but many things may be missing. There is no alternative to Django, for instance. No serious IDE, except emacs. The standard library was so lacking that there is at least an alternative. The situation improved, but there's still missing stuff compared to Python.
> So if you want to use cookies to link a user’s sessions on your own website together (without actually identifying them) so every request doesn’t look like a totally anonymous, opaque request, then you must show a cookie banner.
Wrong. The ePrivacy directive has an exception for strictly necessary cookies (Article 5.3), which is applicable for user sessions.
The ePrivacy directive: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL... Search for “strictly necessary”. More details in this opinion from WP29, see section 3.2: https://ec.europa.eu/justice/article-29/documentation/opinio...
> You could (presumably) do this through browser fingerprinting and not require consent (since you don’t actually enrich/link the browser fingerprint to be become user data) but you need a cookie banner if you do it with a cookie.
Are you able to identify someone from the fingerprint of their browser? Then the fingerprint is PII. Consent (or any other legal basis from GDPR Article 6) is therefore required if the exemption from the ePrivacy directive is not applicable.
GDPR Article 6: https://www.privacy-regulation.eu/en/6.htm
Anyway, my point was that the fines dispensed nowadays are sensible. As for the future, DPAs know very well that the instant they go rogue, ie. distribute disproportionate fines or misinterpret the law, their decisions will be reversed by an appeal court. It already happened, in fact.
edit: I just read this on the website of my govt:
> The court that sentences the offender is free to set the amount of the fine, but not to exceed the maximum amount set for that offence.
Turns out judges here have even more leeway than my DPA! The finepocalypse should come any day from now. And don't get me started on courts of assizes.
This is wrong. See GDPR article 83, and https://edpb.europa.eu/system/files/2022-05/edpb_guidelines_...