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Comment by baxtr

8 years ago

What if I as an European visit the states? Am I protected by through some agreements with my local provider or even GDPR?

7 comments

baxtr

Reply
chillingeffect  8 years ago

Through FISA, all foreigners are legal monitorable, no matter what.

This is part of how US mass surveillance works. We record everything and if it turns out to be a citizen, we're supposed to throw it out. Of course in reality, it goes to the Parallel Construction Department who uses the information to build a case against someone through other means, knowing the answer in advance.

  • willstrafach  8 years ago

    > Of course in reality, it goes to the Parallel Construction Department

    Not the case. US Person Information cannot be queried. You are referring to a practice used against foreign targets to obfuscate methods of surveillance (Reasonable folks can object to this as well of course - my only point is that your portrayal is not accurate).

einfach  8 years ago

Maybe [1]. I wouldn't count on being protected while outside the EU.

Art. 3 GDPR Territorial scope

Article 3(1) This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:

Article 3(2)(a) - the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or Article 3(2)(b) - the monitoring of their behaviour as far as their behaviour takes place within the Union.

Article 3(3) This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.

[1] https://gdpr-info.eu/art-3-gdpr/

  • John_KZ  8 years ago

    Practically you're just going to get extra tracked because you're a foreigner. Also if the articles about TSA borrowing your phone to clone it real quick or forcing you to log into facebook are true, I wouldn't expect them to abide to GDPR.