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Difference between revisions of "GDPR"
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== Next meeting == | == Next meeting == | ||
Next meeting of the people involved is scheduled on May | Next meeting of the people involved is scheduled on May 25th 2018 at 10:30 UTC in xmpp:xsf@muc.xmpp.org | ||
== Introduction == | == Introduction == | ||
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==== Q1.1a Check if the GDPR is applicable (jurisdiction) ==== | ==== Q1.1a Check if the GDPR is applicable (jurisdiction) ==== | ||
The GDPR is applicable to anyone offering services from EU, or to EU citizens, paid or non-paid and to anyone explicitly targeting EU inhabitants. | The GDPR is applicable to anyone offering services from EU, or to EU citizens, paid or non-paid and to anyone explicitly targeting EU inhabitants. | ||
===== Roles and responsibilities ===== | |||
The GDPR knows different roles: | |||
# Data Subject - the person who the data is about | |||
# Data Controller - a person or organisation who collects, stores or processes data about a natural person and who determines the goals and the means of the processing of the data. | |||
# Data Processor - a person (not employee of the controller) or organisation who processes data on behalves of a Data Controller. | |||
# Third Party - a Data Controller that receives data from another Controller. This transfer of Data is a processing on its own within the GDPR. | |||
Within the XMPP network the following roles can be found: | |||
Sending a message: | |||
* Data Subject: the sender of the message | |||
* Data Controller: the operator of the XMPP server of the sender of the message | |||
* Data Processor: can be several, e.g. the internet hoster of the XMPP server operator | |||
* Third Party: the XMPP server of the receiving person. | |||
Message storage (MAM, offline storage): | |||
Note: the data here is a personal conversation, this conversation contains messages from one or more other users but these are stored under the responsibility of and as personal from the user using the storage. | |||
* Data Subject: the person initiating the storage | |||
* Data Controller: the XMPP server performing the storage | |||
* Data Processor: can be several, e.g. the internet hoster of the XMPP server operator | |||
==== Q1.1b List what data is processed ==== | ==== Q1.1b List what data is processed ==== | ||
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Processing is done for the performance of a contract with the data subject (art. 6.1b). The contract (does not have to be an explicit contract) would then be: "to take care of the communication" | Processing is done for the performance of a contract with the data subject (art. 6.1b). The contract (does not have to be an explicit contract) would then be: "to take care of the communication" | ||
Message Archive Management (MAM) is not obvious a service when signing up with a | Message Archive Management (MAM) is not obvious a service when signing up with a XMPP server. So it can not be covered by the same legal ground for processing, it should be off by default and the user should turn it on manually. The ground for processing is here article 9.1a. | ||
'''Q. by Winfried: is this indeed 6.1a or a second 6.1b? By requesting the archiving service, the user has second(ary) service he wants to perform. Art. 6.1a is problematic, because it brings in the permission question as described in art 7.''' | '''Q. by Winfried: is this indeed 6.1a or a second 6.1b? By requesting the archiving service, the user has second(ary) service he wants to perform. Art. 6.1a is problematic, because it brings in the permission question as described in art 7.''' | ||
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=== Q1.2: What consequences does the GDPR has for the XMPP server operators === | === Q1.2: What consequences does the GDPR has for the XMPP server operators === | ||
Draft templates available: | |||
* [[GDPR/ToS_Template|Tos template]] | |||
* [[GDPR/Privacy_Policy_Template|Privacy Policy template]] | |||
These are WIP and will be moved to git(hub), under some template form, to allow for server operators to benefit from last changes directly. | |||
=== Q1.3: What can/should the XSF do with it? === | === Q1.3: What can/should the XSF do with it? === | ||
Should changes required for GDPR compliance be mentioned directly into the | |||
XEPs we want to modify, or should they be mentioned in another XEP proper to | |||
GDPR, as discussed in standards@ thread[0]. Do we want local law requirements | |||
to appear in protocol specifications. | |||
Is the question of deletion | |||
[0]: https://mail.jabber.org/pipermail/standards/2018-April/034827.html | |||
== Q2: What consequences does the GDPR has for the XSF run XMPP server? == | == Q2: What consequences does the GDPR has for the XSF run XMPP server? == | ||
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## should inform users about publishing MUC logs | ## should inform users about publishing MUC logs | ||
## should include information about S2S and possible jurisdiction changes | ## should include information about S2S and possible jurisdiction changes | ||
# | ## quote to use: "by using this server to communicate with third parties you agree that data | ||
will be passed to third parties" | |||
== Technical ToDo == | == Technical ToDo == | ||
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## versioning | ## versioning | ||
## to be determined: informing about EULA details | ## to be determined: informing about EULA details | ||
## create a workflow that allows both 6.1a (explicit permission) and 6.1b (execution of contract) | |||
# MUC status code: 170 when MAM enabled. Also something to say if the logs are public or private. | # MUC status code: 170 when MAM enabled. Also something to say if the logs are public or private. | ||
# Write about default visibility in data policy | # Write about default visibility in data policy | ||
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## MAM XEP doesn't provide a way to differentiate between "explicitely set" and "enabled by default" | ## MAM XEP doesn't provide a way to differentiate between "explicitely set" and "enabled by default" | ||
## Will MAM auto-purge if you disable? Get a mention of this in the XEP | ## Will MAM auto-purge if you disable? Get a mention of this in the XEP | ||
# Add privacy considerations to the XEP-template | |||
## Ensure right of deletion is implemented in: | |||
## MAM contents | |||
## Offline messages (if separate from MAM) | |||
## Roster | |||
## XML Private Storage | |||
## PEP | |||
## other custom processing? | |||
## (addition) server-side file storage, (e.g., HTTP-upload, jingle-ft) | |||
## (addition) private pubsub (223) | |||
## '''Note:''' Jingle-FT, server-side[0], doesn't support deletion. goffi mentioned he would submit a protoXEP for this. | |||
# create a data-download tool | |||
## List data types and their means of export, in ways that allow reuploading to other servers. | |||
## Provide an xmpp "client" as an export tool? | |||
# resurrect the idea of automatic transfer of an account to an other server, see XEP-0227 & XEP-0283. | |||
== Lawyer Questions == | == Lawyer Questions == | ||
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=== LQ1 user-sent content and art. 9.1 === | === LQ1 user-sent content and art. 9.1 === | ||
Does 9.1 automatically apply to all (not e2e encrypted) user-sent content, or only if we are analyzing it for profiling/other purposes? Does using e2e encryption change this? | Does 9.1 automatically apply to all (not e2e encrypted) user-sent content, or only if we are analyzing it for profiling/other purposes? Does using e2e encryption change this? | ||
# Lawyer 1: Message content is similar to picture uploads. As long as we treat it as an | # Lawyer 1: Message content is similar to picture uploads. As long as we treat it as an opaque blob and don't analyse it, art9 doesn't apply, (See r51). Not sure how this plays with mod_firewall processing, spam filtering etc. | ||
opaque blob and don't analyse it, art9 doesn't apply, (See r51). Not sure how this plays with mod_firewall processing, spam filtering etc. | |||
# Lawyer 2: 9.1 is not applicable because it is revealed by the user (9.2e). | # Lawyer 2: 9.1 is not applicable because it is revealed by the user (9.2e). | ||
So user content is NOT subject to art. 9.1 | So user content is NOT subject to art. 9.1 | ||