I get the impression I am misunderstanding EU law (not necessarily a surprise) when folks say things like "Civil law vs. Common Law" or "legal context."
If a law is on the books, it can be enforced in the EU, right? I understand there is precedent but precedent is not law, it's merely the common understanding of that law in that particular context. Precedent is overturned all the time (not to mention ignored when convenient), as it should be.
Is there a critical difference here that I am not understanding? Perhaps it has to do with the fact that the EU is not a state, but a high level guiding body for a number of states?
That is a fine analysis but I'm not sure what your question is. All laws exist in a legal context and analyzing them while being ignorant of that context is futile. That's all I was saying. I think almost all the people armchair-analyzing the GDPR in a hyperbolic manner would be equally useless at analyzing their own laws, in their own countries, for what it's worth. (someone in another comment said something contrasting the EU with places where laws are "not open to interpretation." Dear lord...)
That doesn't mean Jacques' analysis is not worthwhile, by the way. He is not ignorant of the legal context. Judging by the reaction to the article, this is going to be one of those situations where you can lead a horse to water but you can't make him drink.
I thought the article was well written, rational, and measured, and with the right leaning toward not capturing data to avoid worrying about the GDPR.
That said, I would've liked to see a bit more healthy skepticism about the ability of any sort of government or organization to avoid mis-using laws with a wide breadth when it suits them, especially if things slide toward tech-protectionism.
If a law is on the books, it can be enforced in the EU, right? I understand there is precedent but precedent is not law, it's merely the common understanding of that law in that particular context. Precedent is overturned all the time (not to mention ignored when convenient), as it should be.
Is there a critical difference here that I am not understanding? Perhaps it has to do with the fact that the EU is not a state, but a high level guiding body for a number of states?