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JulesPolonetsky swodinsky mikarv AnupamChander I agree, it is illegal today. But I disagree that a DPA could understand a company doing "actual" vs "theoretical" risk. I believe that once the data is harvested from the user and removed from their control it is inevitably out of control. All risk is actual...
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JulesPolonetsky swodinsky mikarv AnupamChander From that perspective (my perspective) the way this currently works (rendering user data flows out of the EU basically illegal en-mass) is what was intended and what (while I find it annoying to deal with personally as a dev) is desired.
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JulesPolonetsky swodinsky mikarv AnupamChander To go back to swodinsky's article... once the data is out of the user's hands it can and *will* go everywhere. So no regulatory action is useful unless it stop that data flow at that point.
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JulesPolonetsky swodinsky mikarv AnupamChander As the judge says: the question is what is the shape that the EU wants its society? And fundamentally the shape it seems to have suggested with GDPR is one in which users have active consent in how the data that is extracted from them is used!