this post was submitted on 10 Jul 2023
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First - really good summary and sounds like everyone is working hard.
Cross posting the below comment.
Under GDPR if you have had a data breach you have a legal obligation to assess whether you need to report it and you must make the report within 72 hours of discovering the breach.
There are other types of reportable breaches too, I only mention data as it sounds most likely. You may or may not be subject to PECR which may also have been breached although less likely. I donβt really have enough familiarity with the regulation to discuss that one.
If you are not sure if there has been a breach you may also need to discuss it with the relevant body or make a report.
Please can you update what action you have taken regarding this and if the incident was reportable or not and the reasons why. Edit - from that new information, it sounds like this is a reportable breach.
For a full understanding, it would be good to know if you had 2FA enabled on the compromised account particularly as it had admin privileges and if so how 2FA was circumvented with this exploit.
It would also be good to know what measures you have in place to prevent the same or other malicious attempts on your Open Collective and Patreon accounts as issues with those are potentially more serious. They may not be vulnerable to this, but it is going to be reassuring to know there is good security practice, 2FA protection etc enabled and you have robust procedures in place.
Out of curiosity, where would the regulators go for a case like this? There's no "company" running it per. se.
It seems the general consensus is GDPR applies even to OSS non company entities, but it would appear that there's very little being done to honor it.
https://www.zwilnik.com/better-social-media/activitypub-conference-2019/oss-compliance-with-privacy-by-default-and-design/#:~:text=Although%20GDPR%20directly%20applies%20only,sysadmins%2C%20including%20in%20the%20Fediverse.
This article outlines Fediverse and responsibilities, I think it mostly requires someone to file a lawsuit before there's any action.
In another case a man had cameras in his back yard that could also see a public area and was fined and forced to move them.
https://www.termsfeed.com/blog/gdpr-exemptions/
Mainly it just seems to be fodder to be used in lawsuits to make people comply with others security wishes. Not certain how all that works since cities are covered in public cameras.
I am not sure how a platform like this will work with GDPR - each server will be responsible themselves, but how it works with the flow of data between servers and who the regulators would have cases against - I think that is to be tested at some point.
They will go after a person instead.