On 22/05/2018 18:14, Geert Janssens wrote:
Op dinsdag 22 mei 2018 16:36:47 CEST schreef David T.:
Geert,
I am not fluent with the issues of the GDPR, but I have had a lifetime of
considering intellectual property issues (as a librarian). Personal
contributions of ideas, thoughts, or intellectual content are IMHO NOT
personal data, even when signed by an individual’s name*.
Those would fall
under intellectual property/copyright rules rather than personal data.
It is my understanding also that use of GPL addresses the question of IP
rights in code and documentation; if a user contributes to the GC project
in these areas, they do so with this release understood.
I had given this some more thought as well. And I agree that our code and
documentation licenses handle this.
Because of these licenses I see a code/documentation contribution as happening
under a contract. So the GDPR doesn't apply there as far as I'm concerned.
Or put differently in my own simplified words: our code is regulated by
copyright law. In order to be able to assert copyright (even in copyleft form)
the author of the protected work must be known. So if someone contributes a
patch that person must be identified together with the patch or copyright
can't work. So "the right to be forgotten" doesn't apply due to the legal
framework in which the personal data (user's name/email) is used.
that is how most of our software works, a person gives it freely
we have had a number of people offer paid contributions but so far as I
remember we have always refused them
It is also my
understanding that unless someone explicitly states otherwise, their
posting of information in a public place (such as a website, wiki, mailing
list, etc.) would constitute permission to release that information
generally.
Sounds reasonable to me. Though we may be required to mention this more
explicitly in various places.
Yes, we might need to tighten up the guidelines but we are a tiny
project compared to wikipedia, let's see what they do first.
* - I would be extremely surprised to find that a user’s name, in and of
itself, would constitute protected personal information.
That does sound reasonable to me as well.
A name is not protected.
--
Wm
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