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Date:      Mon, 2 Nov 2009 14:19:35 -0800
From:      KAYVEN RIESE <kayve@sfsu.edu>
To:        Igor Mozolevsky <igor@hybrid-lab.co.uk>
Cc:        freebsd-chat@freebsd.org
Subject:   Re: FreeBSD vs Russian's laws
Message-ID:  <Pine.SOC.4.64.0911021410190.8706@libra.sfsu.edu>
In-Reply-To: <a2b6592c0911021359s7cb2ba85v1f25cbe853342fc7@mail.gmail.com>
References:  <20091031061956.GA4561@vagner.bsd.loc> <200911020721.nA27L4H6082513@lurza.secnetix.de> <a2b6592c0911020235w6a6b35bds9b57309e93ae0935@mail.gmail.com>  <Pine.SOC.4.64.0911021325490.8706@libra.sfsu.edu> <a2b6592c0911021359s7cb2ba85v1f25cbe853342fc7@mail.gmail.com>

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On Mon, 2 Nov 2009, Igor Mozolevsky wrote:

> 2009/11/2 KAYVEN RIESE <kayve@sfsu.edu>:
>
>> It looks to me it is talking about "operators" i.e. government buearocrats
>> on state systems talking about "personal data" which just means that the
>> government has records on you.
>
> No, an "operator" is essentially anyone who processes data - Art. 3
> ยง2, but I still don't see where the leap to "certified OS" is made...

That is what I was looking at.. and from the use of "operator" in the rest 
of the text, it seems it is mostly about the rights of a person regarding 
a second party processing their data in some state data system.  The first 
definition of operator under Article three is "a State authority, 
municipal authority, .."  it seems to imply that it is concerned about 
what happens to folks' personal data when it gets into the state (or 
other, granted) system..

I agree.. I didn't quite read it down to the letter.. it is like 15 pages, 
but I tried to read most of it.

A key definition for this particular worry is Article 3 9)..

personal data information system - an information system, consisting of 
all the personal data kept in a database, and also the information 
technologies and hardware, enabling processing of such personal data using 
automated facilities or without the use of such facilities.

In Article 13 # 2

2. Federal Laws may establish special features of keeping records of 
personal data in State or municipal personal data information systems, 
including the use of various means of indicating that personal data 
included in the corresponding State or municipal data information system 
belong to a particular subject of personal data.

Now that sounds to me talking about some beaurocrats dealing with folks 
coming into a government office.. and they are talking about what the 
government is doing with their data.

Now the definition of operator does extend beyond "state and municipal," 
this is true.. umm.. but the spirit of all this..

Yeah.. Not seeing anybody needing to worry about their FBSD.  This 
legislation looks to be on the citizen's side, in my estimation.. not 
trying to regulate anything but folks who are authorized to snoop into 
other folks' data.. er.. they talk about privacy somewhere.. but I am not 
going to try to cite any more Articles just now.

>
>
> Cheers,
>
> --
> Igor
>

*----------------------------------------------------------*
   Kayven Riese, BSCS, MS (Physiology and Biophysics)
   (415) 902 5513 cellular
   http://kayve.net
   Webmaster http://ChessYoga.org
*----------------------------------------------------------*

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