[openstack-dev] Communication is illegal in the EU (was: The root-cause for IRC private channels)

Jeremy Stanley fungi at yuggoth.org
Thu Feb 19 16:49:38 UTC 2015


On 2015-02-19 12:12:30 +0000 (+0000), Kuvaja, Erno wrote:
[...]
> [3] The data protection rules are applicable not only when the
> controller is established within the EU, but whenever the
> controller uses equipment situated within the EU in order to
> process data. (art. 4) Controllers from outside the EU, processing
> data in the EU, will have to follow data protection regulation. In
> principle, any online business trading with EU citizens would
> process some personal data and would be using equipment in the EU
> to process the data (i.e. the customer's computer). As a
> consequence, the website operator would have to comply with the
> European data protection rules. The directive was written before
> the breakthrough of the Internet, and to date there is little
> jurisprudence on this subject.
[...]

Setting aside the fact that none of the machines our project is
officially maintaining are located in the EU, and the fact that we
are not a business and have no customers, this argument is drifting
into absurd territory.

By extension your assertions would apply to our mailing lists, our
code review system, our source code repositories... sorry, but no. I
assume if the EU wants it can instead forbid EU citizens from
participating in this project? I think this is getting rapidly off
topic and should probably be moved to
legal-discuss at lists.openstack.org instead if you wish to continue
such a debate.
-- 
Jeremy Stanley



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