The GDPR is a European Union (EU) regulation that has been designed to protect the data and privacy of EU residents. It strengthens and replaces existing data protection acts/directives and becomes enforceable from 25th May 2018. The primary aim is to give control to EU residents over their personal data and unify regulation within the EU.
But I'm not an EU resident...
That may be true, but with over half a billion residents in 28 member states, it's a fairly reasonable expectation that at some point you will have an EU resident register on your forum and they will indeed be protected by this regulation and breaches of the regulation can bring penalties and fines against you, whether you're an EU resident, or not. Even so, data protection and privacy will be important to every one of your members, regardless of their country of origin.
Individual rights
Right to erasure
ICO said:
Under Article 17 of the GDPR individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances.
Unfortunately, erasure does not relate to
a 1980s pop duo but instead it relates to the inevitability that at some point, one of your members may want to leave your forum and in doing so, may want to have their personal data removed. This is also known as the "right to be forgotten".
Of course XenForo has always allowed you to delete members via the Admin CP, and this approach is still recommended, but this has traditionally left their content attributed to them. You have always been able to workaround this by changing the user's name prior to deleting the user. Although we're not at this stage looking to totally remove the user's content, we are making it easier to anonymise a deleted user's content.
When deleting a user, you will now be given the option to just delete them (as now) or change their name before deleting them. You can choose the pre-defined text (which is the content of the deleted_member phrase in your language, followed by their user_id) or change it manually to whatever name you prefer.
Right to data portability
ICO said:
The right to data portability gives individuals the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format. It also gives them the right to request that a controller transmits this data directly to another controller.
Technically, under certain laws in certain countries, the right for a user to request a copy of any personal information held by a data controller has always been necessary. The main difference now is that the information should be provided to the data subject in a machine readable format.
Starting with the next release, it will be possible for admins to generate an XML file containing a user's personal information, including those entered in custom user fields. The XML file produced can be imported into any other XF1 or XF2 forum running an appropriate version.
Right to be informed
ICO said:
- You must provide individuals with information including: your purposes for processing their personal data, your retention periods for that personal data, and who it will be shared with. We call this ‘privacy information’.
- You must provide privacy information to individuals at the time you collect their personal data from them.
- You must regularly review, and where necessary, update your privacy information. You must bring any new uses of an individual’s personal data to their attention before you start the processing.
Lawful basis for processing
Consent
ICO said:
- Consent means offering individuals real choice and control. Genuine consent should put individuals in charge, build trust and engagement, and enhance your reputation.
- Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of default consent.
- Keep evidence of consent – who, when, how, and what you told people.
We already make it possible for a user to opt-in to or opt-out of receiving site emails using the "Receive site mailings" option under "Preferences", which can of course be set or un-set by default for new users under Options > User registration. That preference remains, though we have changed its name slightly. We've also added a new admin option (again, under "User registration") to enable you to show that preference on registration.
To enable you to keep evidence of consent, we will log the consent date for acceptance of the terms and rules and privacy policy in the "User change log". We will also log if a user chooses explicitly opt in to receiving emails.
In the current version, user change logs are only kept for a period of 60 days (by default) so we have made changes here to ensure that certain change logs are "protected". These protected entries are never pruned and they are displayed differently in the log (denoted by the left feature border):
Cookies
ICO said:
The rules on cookies are in regulation 6. The basic rule is that you must:
- tell people the cookies are there;
- explain what the cookies are doing and why; and
- get the person’s consent to store a cookie on their device.
The default help page for cookies has been expanded with more detailed information about what cookies are set, and why.