Moritz Bartl moritz at
Thu Jan 13 00:17:44 UTC 2011

On 13.01.2011 01:01, Mitar wrote:
>> On top of this, it is *illegal* in Germany to keep user identifiable
>> data unless required for billing purposes.
> I think it is allowed but you have to clearly inform users of this
> (register this data collection with data privacy agency) and reasons
> for it and there is then principle of proportionality and subsidiarity
> so that you have to prove that collecting all this data is really
> needed for service or something. 

That is already included in the first paragraph: "[...] to the extent
necessary to enable the use". It is not defined that a particular
service may not require some personal identifiable data over the course
of the whole period, but it is only allowed to do so if it is really
_required_ for either usage or billing of the service.

> Maybe in Germany things are more strict?

Most services just don't care enough, and apart from areas where you can
make a shitload of money by harrassing people it is rarely prosecuted.
For example, using Google Analytics was and has always been illegal in
Germany, but you still can find hundreds of German sites using it.

To make this clear: If you as an operator are based in Germany, you have
to follow the German law, even if your server is located in other countries.
Moritz Bartl
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