Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Thursday, April 22, 2021

Was George Floyd really Murdered by Derek Chauvin?

Derek Chauvin kneeling on George Floyd's neckFormer police officer Derek Chauvin of the Minneapolis Police Department (MPD) was found guilty of murder in court. African American George Floyd apparently fell victim of police brutality, targeting especially black people.

Derek Chauvin, 45 years old at the time committing the murder, was seeing kneeling on Floyd's neck on May 25th 2020 for a period of about nine minutes. The body cam footage was watched worldwide and sparked an outrage, especially in black communities, soon creating the Black lives matter movement. People were remembered on the 1992 Los Angeles riots - and rightly so.

After found guilty by the judges, Derek Chauvin Derek Chauvin's bail was immediately revoked and he was taken into custody by the authorities. Chauvin was found guilt of second-degree murder, third-degree murder and manslaughter, and is facing a maximum sentence of 40 years for second-degree murder, 25 years for third-degree murder and 10 years for manslaughter in prison. If convicted on all charged he is locked away for no less than 75 years. The prison guard might as well through away the key.

But what if he actually didn't commit the murder, and Floyd died due to his poor health conditions? A man in good health might have survived that. But Chauvin couldn't know this. He still should do time for at least manslaughter in my opinion. Already for being a dumb moron knowing body cams will film everything, eventually footage will find the way to Youtube and other social media platforms. He was probably in rage and let it all out on George Floyd. That is not an excuse - no one should do this. If one is not fit for the police duty he should stay at home!

Still my question remains: what would have happened if black police officers would have killed a white (homeless) man? Would there be a similar public outrage and media coverage? Somebody creating "White lives matter"? I'm not a racist, but I actually doubt this. May be time will tell. But please let me know in the comments.

And how ever the outcome, it will have something good in store. I suppose police chiefs will remind their officers to get themselves together and stop the police violence. They'll get reminded that their action will be on video and if they do not act adequately they'll face consequences, like Chauvin hopefully does.

I agree to the sentence. Lock every cop up who isn't able to control hiself, thus hurting or killing people who pose not a threat to others. But I also agree anyone dumb enough to point a weapon on a police officer, even a mockup, deserves to be shot.

Thursday, November 29, 2018

GDPR decision to use Facebook Custom Audience

Is the ruling of the ECJ ruling on Facebook fan pages adequately implemented?

in 2018 an agreement on the General Data Protection Regulation (GDPR) was published as the result of the ECJ's Facebook fan pages decision. It should have the goal for Facebook to comply with this judgment. An analysis on the decision of the Facebook Custom Audience.

The European Court of Justice ruling on the Data Protection Regulation

Following a ruling by the European Court of Justice, as confirmed on the 5th of June 2018, Facebook is directly responsible for processing and collection of personal data at the EU level. On its platform Facebook determines all purposes and means of its processing activity. Proof of this is the fact that companies or persons who want to maintain a Facebook fan page, commit themselves with their registration to agree to the terms of use and the data processing of Facebook.

Facebook is not acting as a processor in this questionable relationship, but in computing it determines the purpose and way in which it stores and evaluates the user's data.

On the other hand, the operator of the fan page is also considered responsible, who can define parameters in his pages and the activities developed from them. He can thus define target groups and decide which other activities and campaigns he wants to organize via his fan page. For example, companies that operate Facebook fan pages are classified as jointly responsible according to the ECJ ruling (Art. 26 GDPR).

The implementation of the ECJ ruling of the Bavarian Administrative Court based on Facebook

Following the implementation of the ECJ ruling, Facebook has published an agreement as a result. This provides that the company wants to comply with the requirements of the judgment. However, on closer inspection, there are considerable doubts. The "Agreement" of Facebook presented in this context reflects some elements of the order processing of Article 28 of the GDPR, instead of conforming to Article 26 of the Regulation, which refer to the Joint-Controller Contract. This comes in particular to the course, if an online shop is operated with the participation of Facebook. Here is to be mentioned in particular.

  • Not only data and documented instructions of the customer are processed by Facebook.
  • Employees and employers which have access to personal information need to have a special confidentiality clause, for which they must declare their consent.
  • Under special conditions, Facebook undertakes to delete or otherwise return personal data.
  • Persons in charge who have a Facebook account or have it created by an authorized auditor have the right to scrutinize.
  • As data from the Facebook user is transferred to the US, a reference to existing EU standard contractual clauses must be made.

Further critical points resulting from this ruling to keep in mind

  • Subcontracting is permitted without written permission or a right to object.
  • For requests from stakeholders, the support does not require a required format.
  • No further documentation is needed for organizational and technical measures.
  • Evidence provided in SOC 2 Type II shall be declared as appropriate and so as to comply with all technical and organizational measures.

Conclusion

One should expect a global corporation, such as Facebook, to be aware of the difference between an agreement between a joint controller contract and the article 28 of the Data Protection Regulation. He should work out an agreement on this which contains well-sounding phrases that are almost right under data protection law. This should make it clear to everyone involved that Facebook is the sole person responsible, as they only process data for their own purposes.

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