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0 pointsDanBC8y ago0 comments

> What makes GDPR noxious is that it turns every individual interaction with the host into its own little mini-lawsuit,

No, it really doesn't.

In Europe action for civil torts is limited to what you've actually lost. There are no punitive civil claims. Courts are a method to get back to how you were, they're not a route to betterment.

And GDPR is not enforced by each victim of a breach taking civil action through the courts, but by victims reporting to the regulator and allowing the regulator to take action.

The reason people in Europe seem so blasé about this is because we've had decades of experience with regulation, and we know that they don't have many teeth, and tend not to use the teeth they do have.

GDPR isn't changing this.

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notacoward8y ago

No, it doesn't create a new tort, but that's why I said mini lawsuit. The mandatory response and per-instance fines create the same sort of burden, even if they're administered through a body other than the courts. In some ways it would almost be better if it were through the courts, because at least there are established rules about evidence, nuisance suits, appeals, etc., but that wouldn't solve the fundamental problem.

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