Will storing hashed phone numbers violate GDPR? I've read GDPR document from start to end, but I am still not sure about one thing. Let's say I have a system where I store phone numbers in hashed form (let's say bcrypt). Will this violate GDPR if I have those stored in database without the owner consent, given there is no other data collected, no names, emails, nothing. They are not linked to any user (there are no users in the system actually). Just the phone number in a hashed form (same things as storing a hashed password). From what I understand if the data is anonymised there is no problem, but I am still not sure, because if you have the salt you can still create hashes of phone numbers and compare them to the hashes that exists in the database. But this gives you nothing even if you succeed, except that the phone exists there.
But that a phone number exists in your collection is interesting information. Since phone numbers are identifying and so short that they are guessable, hashing does not provide anonymization. Hashing could still be an appropriate safety measure or pseudonymization technique. Note that the salt is typically stored as part of the hash value, and should not be considered to be a secret key. If the information had been anonymized it wouldn't be personal information and the GDPR wouldn't apply. However, since the phone numbers are personal information (even hashed, they relate to an indirectly identifiable person), you should apply standard GDPR compliance processes to determine whether storing these phone numbers is legal: What is the purpose of processing? Some purposes like national security or purely personal and household purposes are exempt from the GDPR What is the legal basis for this purpose? E.g. consent, legitimate interest, legal obligations, … What is the minimum data necessary to fulfill the purpose? If pseudonymized data is sufficient, pseudonymization is mandatory. What safety measures do you think are appropriate? This could shift a legitimate interest balancing test in your favor. What compliance measures are you obliged to take? E.g. information per Art 13–14, preparation for data subject requests, engaging data processors, further safety measures. While your purposes are probably benign, it can be useful to recall that the presence of identifiers in data sets can be a matter of life and death. When accounts were leaked in the Ashley Madison data breach, that drove some users to suicide. In some countries, the existence of a Grindr account can be a death sentence. Those are examples involving special categories of data per GDPR Art 9, so likely far more sensitive than the context of this question. However, in the AM breach it would not have helped much to hash identifiers like emails: third parties would still be able to check whether the email of someone they know was part of the breach.
Names clearly are personal data and so a good question to ask for GDPR compliance is: Do you need to do what you want to do in order to offer your product or service? For your scenario a common answer seems to be that websites ask for the users first and last name during account creation. The reason is that they need this information to confirm the identity of the account creator. But the public profile only displays a user name that the user can pick freely. In general there is no good reason to publically show the legal names of users so websites don't do it. So for your website ask yourself, why do you want to publically show the names of your users? If you have a good reason to do that specify it in the user terms and go ahead. If you don't have a good reason don't do it.
The obligation to notify the supervisory authority (CNIL in your case) no longer exists. It was part of the previous regulatory framework, but it is not part of GDPR (which takes affect tomorrow). If you use CCTV that may monitor employees (i.e. they sometimes enter the HQ to consult with the owner), your obligations under the GDPR is basically to inform the employees that the CCTV cameras are there. I.e. Data subjects are entitled to understand when their personal data is being processed, covering the transparency aspect of processing. The use of CCTV must be communicated via signage which indicates the areas covered and instructions for further information.
Yes If you are in the EU, or your players are in the EU and your service is targeted at some part of (or all of) the EU, then this pretty clearly falls within the scope of the GDPR. Such a service would be collecting data associated with natural persons. At least some of it would be made public along with an online identifier, and other parts would be processed and stored, even if disclosed only in anonymized form. (By the way it is a non-trivial task to anonymize data well enough that it is no longer persona data under the GDPR. But let's suppose yoru methods are good enough.) Under GDPR Article 6 the DC must have a lawful basis for such processing. If the basis is &quot;consent&quot; then the consent must be freely given, whch means giving consent may not be a condition of using the service. Under GDPR Article 13 a notice must be sent to the Data Subject (DS) when the data is collected from the subject, including some 11 items or categories of information about the collection process, the Data Controller (DC), the purposes of processing, the legal basis of processing (which the DC must define), who will receive the data, the data retention period, and various rights of the DS. Such a service must be prepared to respond to data access and data erasure requests, under articles 15-17, and data restriction requests under article 18. It must provide a method for a DS to easily make such requests. Other GDPR provisions may well apply in addition to these, but that is enough to show that such service is very likely to be within the scope of the GDPR, unless none of the DSs are present in the EU or the related market area.
Your data is not anonymous since from the picture of the face the individual can be identified. It would be anonymous, if the face was blurred and other possible identifiable information was removed. Of course, that would defeat your purpose. Please note that, in any case, Anonymization Techniques are, themselves, a type of personal data processing that requires a legal ground, and achieving real anonymization is not a trivial matter (see Article 29 Working Party's opinion 0829/14/EN WP216 on the subject). 1. The face of a person includes biometric information, which is defined in article 4 (14) among other types of personal information regulated by the GDPR as: "personal data resulting from specific technical processing relating to the physical, physio­logical or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data". A facial recognition software's purpose is exactly to perform a specific technical processing based on the facial features of the persons, to achieve a unique identification of a person based on these biometric features. Article 9 of the GDPR includes biometric data among the types of prohibited processing, unless one of the exceptions in § 2 applies. There are 10 types of exceptions among which: consent of the person, employment context, personal data made public by the person, scientific or historical research,... (each exception having its own conditions). You should check that you comply with one of these exceptions stated in article 9 § 2, if your application is about using facial images for unique identification of a person based on these biometric features. 2. In turn, if your processing is not about unique identification of a person based on these biometric features, but only about emotions recognition (which you briefly mentioned at the beginning of your post), it could be considered as not falling under the requirements of Article 9. That would still be a processing of personal information, but it would fall under the normal article 6 requirements.
I'm pretty sure that under GDPR, you can indeed request them to send all data they have on you. If it's a complex request, they may charge you something like £10. If they have a lot of data on you, they may list the categories of data they have and ask you to pick one, rather than them having to collect and send everything. They should respond within one month, but iirc in the UK implementation, they can inform you (within that month) that they will respond within three months instead. For the rest, I only know current Dutch law. GDPR is not that different from what we already had (in general terms) and in many cases it even extends it. Under our law (WBP), you can also request a correction of the data in case it is incorrect, or deletion if they no longer need it for the purpose for which it was collected and stored. I don't really know how that works out in practice though, as Facebook can of course claim that "being able to connect you to your friends when you sign up for WhatsApp or Facebook with that number" is a legitimate purpose (in their eyes). They might also not have your full name and therefore not be able to connect your data to your request. Or, perhaps, they have only your full name (and there are probably more people with your name), so they'll have a hard time verifying that it's really your data which they would be handing over or deleting. The company is required to verify your identity before acting on your request. How they implement that is up to them. Under Dutch law, if I remember correctly, any data that can be connected to your person by any party is personally identifiable information (PII). While Facebook might not be able to find who's behind a phone number, your carrier most certainly can. Therefore, the data falls under PII protection laws and they will have to implement a way to verify you and get you your data. Finally, whether your local laws apply to Facebook, I don't know exactly. There's lots of information on this though, so you should be able to find it. Generally, countries say that if something happened within their territory (e.g. you signed up for WhatsApp while in the UK), their law applies. Companies, I've read, will instead try to claim that their main office is in SomeCountry and therefore SomeCountry's laws apply. But I'm pretty sure you'll be able to find a Facebook office somewhere where GDPR applies, so that's probably fine. While not an exact answer and while I am not sure about everything, I hope this gave you some pointers to go on!
First of all, although the GDPR is stated to apply to any site which processes the data of any person who is in the EU, it is not clear how a site not located in the EU, does not business in the EU, and does not primarily target EU residents as its audience can be required to comply with the GDPR. To the best of my knowledge, no such case has yet been brought, much less decided. There has also been some debate on whether an IP address constitutes Personal Data under the GDPR, and if it always does so, or only under particular conditions. The European Court of Justice (ECJ) held that (under the predecessor Directive 95/46/EC) that a dynamic IP address was personal data. But in that case the web site was run by the German Federal Government, which surely has wider scope for getting info from a German ISP than a small private US web activist does. There is not yet any case law that I know of on the applicability of the GDPR to IP addresses in any case at all similar to the one in the question. Joe would in my view be wise to at least learn that logs are being kept, and post a disclosure of this on the site. Whether Joe needs to do more than that is less than clear at this time.
Simply use a cookie to store consent. First consider the opposite. If a user does not agree to store cookies, a cookie is the only way to remember this, as you want to avoid a new pop-up on every page-load. Because this use of a cookie is functional, you don't need permission to store that cookie. You seem have the impression that you have to prove towards the ICO if someone has provided consent. However I think it would be sufficient if you can demonstrate how your website works technically. In particular whether consent is handled properly. You might need to create screenshots or a screencast to do so. Add new proof after each major update of your website. Storing consent server-side would violate the data minimization principle of the GDPR I think. In particular because you would need to do something to be able to identify users. That would violate Art. 11(1) GDPR: If the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional information in order to identify the data subject for the sole purpose of complying with this Regulation. Notice it is possible to configure google analytics in a way so you don't need any consent. See my answer to this question. Just IP anonymization is not sufficient.