Comment on Comment Period Open for AO3 Terms of Service Updates

  1. The proposed changes only impose the 16 and over restriction to "residents/citizens of the European Union" but as I read it the GDPR makes no such distinction. Article 8(1) does not qualify "child" to restrict it to EU residents or citizens. Given Article 3(2)(a), it seems to me that a 15 year old US citizen traveling in the EU and posting to AO3 would result in a violation of Article 8(1) by AO3, despite the fact that COPPA sets a lower age requirement.

    On a related and similarly pedantic note, the definition of "Age-Barred Individual" seems to be incomplete. As written, the clause related to the second paragraph of GDPR Article 8(1) excludes all residents/citizens of EU countries that have lower age requirements, regardless of whether the individual actually meets their country's age requirement. For example, if France set an age requirement of 15, a 13-year old French child would not be an Age-Barred Individual under the proposed text, as nothing in the text states that they actually have to meet the lower age requirement set by their country.

    The clause in am referring to is: "...unless they are residents/citizens of the EU countries that allow the collection of Special Categories of Personal Data from those at a younger age" (II. Archive Age Policy, 4th paragraph, 2nd sentence)

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    1. Hi! Thanks for identifying these items. Regarding the first, since GDPR hasn't "gone live" yet, we don't know how the EU plans to interpret it, but based on our current understanding, we expect it to apply to residents and citizens and we don't want to exclude users unnecessarily. However, if it turns out that the EU interprets it to apply to visitors as well, we will revisit the way we approach age-barring. Regarding the second, thanks for pointing out a thing we can clarify!

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