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Nightmare on Lemmy Street (A Fediverse GDPR Horror Story) - Michael Altfield's Tech Blog
(tech.michaelaltfield.net)
this post was submitted on 04 Mar 2024
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No, Lemmy servers are not exempt from GDPR compliance. The household exemption (you are not subject to gdpr for private activities) only applies for purely personnal activities. As soon as a service is offered to someone else, the exemption is no more applicable.
That's one of the drawback about open-source projects, they are designed to fulfill a need (persistent storage & decentralised communication for Lemmy), and no one give a f*ck about legalities.
I'm working in the gdpr compiance field ;) Using a personnal device to monitor public space doesn't fall under the household exception, this solution even pre-dates the GDPR (https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-12/cp140175en.pdf).
(the case-law is about camera fixed on a private house, but the logic easily translates in a private server grabbing public data).
Just as you did ^^
Article 3 GDPR is straightforward, gdpr will apply.
The real question is how any kind of authority could enforce it ? Almost no chance that any law enforcement/regulator will bother a single-user instance purely on the ground of gdpr...