EU Explores Making GDPR Apply To EU Government Bodies... But With Much Lower Fines
from the good-for-the-goose,-not-so-good-for-the-gander dept
We recently wrote how various parts of the EU governing bodies were in violation of the GDPR, to which they noted that the GDPR doesn't actually apply to them for "legal reasons." In most of the articles about this, however, EU officials were quick to explain that there would be new similar regulations that did apply to EU governing bodies. Jason Smith at the site Indivigital, who kicked off much of this discussion by discovering loads of personal info on people hosted on EU servers, has a new post up looking at the proposals to apply GDPR-like regulations on the EU governing bodies itself.
There are two interesting points here. First, when this was initially proposed last year, the plan was to have it come into effect on the very same day as the GDPR went into effect: May 25, 2018, and that it was "essential" that the public understand that the EU itself was complying with the same rules as everyone else.
Essential however, from the perspective of the individual, is that the common principles throughout the EU data protection framework be applied consistently irrespective of who happens to be the data controller. It is also essential that the whole framework applies at the same time, that is, in May 2018, deadline for GDPR to be fully applicable.
Guess what didn't happen? Everything in the paragraph above. The EU forced everyone else to comply by May of this year. But gave itself extra time -- time in which it is not complying with the rules and brushing it off as no big deal, while simultaneously telling everyone else that it's easy to comply.
Also, while the GDPR puts incredible fines on those who fail to comply... the fines for if the EU doesn't comply (if this rule ever actually goes into effect) are much more limited. Under the GDPR, companies can be fined 20 million euros or 4% of revenue, whichever is higher, meaning that any smaller company can be put out of business, but the plan for the EU itself is for fines to top out at €50,000 per mistake, with a cap of €500,000 per year.
Must be nice when you're the government and can make different rules for yourself, while mocking anyone who thinks that the rules for everyone else are a bit too aggressive and onerous.
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Filed Under: double standards, eu, eu commission, eu parliament, gdpr, high court, low court
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Not helping your image here
Under the GDPR, companies can be fined 20 million euros or 4% of revenue, whichever is higher, meaning that any smaller company can be put out of business, but the plan for the EU itself is for fines to top out at €50,000 per mistake, with a cap of €500,000 per year.
So privacy violations are worth 20 million at a minimum when non-government groups engage in them, but when the government does it the maximum is half a million. The EU, the very ones pushing the law, could violate that same law ten times and face a penalty a fraction of the size anyone else would face for a single violation, with further violations carrying no penalty whatsoever.
They couldn't have made it more clear that they believe themselves above the laws they demand everyone else follow if they'd flat out stated such.
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Re: Not helping your image here
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Re: Not helping your image here
I think they already have made it more clear...
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Re: Not helping your image here
The sentence starts "up to..." meaning that the maximum possible penalty is the higher of 10/20mn or 2/4% of revenue (depending on the violation type).
So the EU (or specifically a local data protection agency) can decide to fine less than that amount, especially for smaller / good faith violations.
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Re: Re: Not helping your image here
Or for political friends.
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Or they are making it clear that they, the ones who came up with the law, can't guarantee they will always manage to follow it so they will cap the fines. Of course this considerin there was no ill intent when enacting the law.
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Re: Re: Not helping your image here
That said, as Ninja pointed out, being colossal hypocrites who think they are above the law is not a good look.
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"Legal reasons"
Nobody's filed a murder charge against me for legal reasons. Those reasons being that I've not murdered anyone.
"For legal reasons" is a commonly used shorthand in a lot of British reporting for well-known laws that aren't worth going over in the moment of reporting, for example, the prohibition against reporting the names of underaged defendants is usually explained as "cannot be named for legal reasons".
It's particularly crap in this case, but it's definitely a well-worn phrase over on this side of the pond.
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Exactly, why should I comply with DMCA and CFAA when I'm not a US citizen, and face criminal charges if I violate them, even if I've never visited or done business in the US? Oh, wait, you're talking about an EU regulation that only applies if you do business with EU citizens and the worst it can do is fine you. Yeah, that's so terrible. Carry on.
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Methinks this is the EU version of, "We're America, bitch!"
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They told you this was really easy & simple to comply with... and gave themselves more time & lower fines than they enforce on everyone else...
Stay in your place, we know what is best... and what is best is making rules for you not us.
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Why is it that...
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How about no?
That's what has to happen. Wide-spread EU-wide civil disobedience against this stupid law.
I for on, do NOT welcome our new overlords!!
GDPR delenda est!!!!
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It's great to be a polititian, isn't?
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