• Humanius
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    22 hours ago

    Okay… From my understanding of the article, they are revising a previous definition of what is considered pseudoanonymized data. This defintion was introduced following a court ruling that pseudonymized data can be considered personal data under certain circumstances (Which I’m assuming means if that pseudoanonymized data still contains identifiable information)

    They are removing a section which was added in last November, following the court ruling in September. This section claimed that pseudoanonymized data does not count as personal data, even if it contains “Information relating to a natural person” by which other people could identify the person.

    So, if I’m understanding this correctly, this is rolling back a previous weakening to the GDPR.

    • nuscheltier@feddit.org
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      22 hours ago

      … won’t that be caught by the courts again? Do they play a game to get as many personal data as they can get till it comes back into effect?

      • Humanius
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        22 hours ago

        The courts ruled in September 2025 that pseudoanonymized data can still count as personal data, if it is not sufficiently anonymized, under the definition as it existed at the time. Since personal data comes with a whole bunch of requirements under the GDPR that meant that even if data is pseudoanonymized, it might not be sufficient to be free of GDPR restrictions

        The revision from November 2025 aimed to say “no actually pseudoanonymized data is not personal data after all” even if it contained identifiable information. I could see that introducing a loophole where companies start claiming that they “sufficiently” pseudoanonymized their data, even though it’s still full of identifiable information.

        Scrapping that revision just brings us back to the position we were in back in September, where pseudoanonymized data is not automatically anonymous. If the pseudoanonymized data contains identifiable information it is personal information, and thus comes with the additional requirements of the GDPR. (If I’m understanding this correctly)

        Edit: Also worth noting that this follows a recommendation by the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS), that the definition of personal data “should say what personal data is, instead of what it is not”, in order to avoid legal uncertainty resulting from the revision in November.

  • Babalugats@feddit.uk
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    22 hours ago

    It’s how they plan to collect our data after the massive pushback so far against chat control. They’re trying to break GDPR and at the moment they are just performing weak spot exploitation.