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  • peter_watt Level 3 (910 points)

    peter_watt wrote:

     

    I cite http://www.echr.coe.int/Documents/Handbook_data_protection_ENG.pdf#page126

     

    Misleading link, it is section 6 page 135 onwards.

     

    I put it up as a strawman if anyone is still interested (probably not), as quoting them as a reason icloud may be illegal is not enough without a decent citation.

  • rajiv001 Level 1 (0 points)

    Hi Peter_Watt,

     

    Thanks for posting the EU Handbook.  The main thrust of my argument is that there is a lack of consent.  Essentially, Apple is telling the users that there is no option to ICloud if they wish to sync their contacts/calendars across devices & internal networks.

     

    The operative definitions of 'consent' are outlined in para 2.4 of the Handbook (p.56-57).  Note the specific reference in 2.4.1 - 'the data subject must have been under no pressure when consenting.'

     

    I believe that Apple's not providing options (for internal USB or wifi sync) tantamounts to 'pressure.'  Apple's attitude seems to be 'take it or leave it.'  This has caused serious conerns amongst small and medium sized business across Europe and the matter is being referred to the Members of European Parliament in Brussels as well by concerned lobby groups.

     

    Key points

     

     

    • Consent as a legal basis for processing personal data must be free, informed and specific.
    • Consent must have been given unambiguously. Consent may either be given explicitly or implied by acting in a way which leaves no doubt that the data subject agrees to the processing of his or her data.
    • Processing sensitive data on the basis of consent requires explicit consent.
    • Consent can be withdrawn at any time.

     

     

    Consent means “any freely given specific and informed indication of the data subject’s wishes.”97 It is, in numerous cases, the legal basis for legitimate data processing (see Section 4.1).

    97 Data Protection Directive, Art. 2 (h).

     

     

    56

     

     

    2.4.1. The elements of valid consent

    EU law sets out three elements for consent to be valid, which aim to guarantee that data subjects truly meant to agree to the use of their data:

    • the data subject must have been under no pressure when consenting;
    • the data subject must have been duly informed about the object and consequences of consenting; and
    • the scope of consent must be reasonably concrete.

     

  • peter_watt Level 3 (910 points)

    Yes I agree, though your customers would have consented to their data being stored on computers in the existing T&C I would have thought.  The requirement for SMEs to register such data storage at all is being loosened in current proposals aimed at getting the directives into the 21st century.

     

    The arguments about Apple forcing the issue and no alternatives etc are not true and have been discussed ad nauseam earlier in the thread. Options for local sync by USB are available now, even if the feature is not brought back in the next release of Mavericks and itunes.

  • lkrupp Level 4 (3,965 points)

    Sonny Disco wrote:

     

    It looks like local sync is coming back everyone. Have a great day.

     

    http://www.macrumors.com/2014/03/18/itunes-beta-local-syncing/

     

    Yesterday Apple started an open beta testing program for all users. You can sign up to download and install the latest beta of OS X 10.9.3 and iTunes 11.1.6 to see if the feature is restored and to test it. Of course, be aware this is beta and not the official release.

     

    https://appleseed.apple.com/sp/betaprogram/landing

     

    If it works then you can stop the incessant nonsense.

  • Matt Schultz Level 1 (55 points)

    lkrupp wrote:

     

    If it works then you can stop the incessant nonsense.

    The "incessant nonsense" is what got iTunes sync reinstated. And yes, it does work. It worked before Apple yanked it out, it worked when Apple supported Windows while deprecating the Mac, and it works now that it's been restored. We should all be glad that Apple listens to their customers.

  • Csound1 Level 8 (46,987 points)

    Matt Schultz wrote:

     

    lkrupp wrote:

     

    If it works then you can stop the incessant nonsense.

    The "incessant nonsense" is what got iTunes sync reinstated.

    I would ask you to supply some attribution for that, but you can't so don't spend any time looking.

     

    Opinions are like (insert.........

  • snozdop Level 5 (5,800 points)

    > The "incessant nonsense" is what got iTunes sync reinstated.

     

    You don't know that at all. My guess is it was never meant to be removed for good, just that the replacement for SyncServices wasn't ready for the initial releases of Mavericks.

  • lkrupp Level 4 (3,965 points)

    snozdop wrote:

     

    > The "incessant nonsense" is what got iTunes sync reinstated.

     

    You don't know that at all. My guess is it was never meant to be removed for good, just that the replacement for SyncServices wasn't ready for the initial releases of Mavericks.

     

    But it's always easier to assign evil intentions to Apple. When the 1st gen AppleTV started having iTunes issues the instant, knee jerk reaction was that Apple did it on purpose to force upgrades. Now that it's fixed we hear crickets from the accusers. With this crowd it's always Apple attemtpting to screw over their customers. Same with the recent Facetime kerfuffle and iOS 6, the 2nd and 3rd gen AppleTV lsing Dolby Digital, and every other bug, glitch, snafu. Ooooo, it's evil Apple trying to force people to update to iOS 7. The pontificating can be hilarious at times. The big question is, of course, if these people truly believe these are all evil plots by Apple to force them into something then why are they still customers?

  • Matt Schultz Level 1 (55 points)

    lkrupp wrote:

     

    snozdop wrote:

     

    > The "incessant nonsense" is what got iTunes sync reinstated.

     

    You don't know that at all. My guess is it was never meant to be removed for good, just that the replacement for SyncServices wasn't ready for the initial releases of Mavericks.

     

    But it's always easier to assign evil intentions to Apple.

    My point was that Apple listened to their customer's feedback and now the service will be reinstated. Whether or not this was on purpose is immaterial - the service will be restored, and I think Apple did a great thing here and I'm much appreciative.

  • Capt Billy Level 1 (0 points)

    Hi all,

    This is all very interesting you you guys.. My internet speed is .2 MBPS and slower... so I would like to get myself off the email list for this discussion. I have asked to not receive email notifications and now, at the upper right side of this page says, in the Actions section: "receive email notifications". I think this indicates that I signed off.... but I still get the notices that you guys are still having this dicussion. and as interesting as it is, I don't want to tie up my email box with these notices. can anyone help???

     

    Bill

  • Chris CA Level 9 (78,695 points)

    Capt Billy wrote:

     

    Hi all,

    This is all very interesting you you guys..

    Not really...

     

    so I would like to get myself off the email list for this discussion.

    See this -> Stopping emails from ASC

  • Drew Reece Level 5 (6,343 points)

    Capt Billy wrote:

     

    Help. Tell me how to get off this. I joined because I have terrible internet here in Panama. Really: 20kb/s. How do I stop receiving all the posts as emails? Please help

    Use the "Stop email notifications" link at the top right of this page when signed in. If that is failing to work you could also disable ALL email notifications for your account…

     

    https://discussions.apple.com/user-notification-preferences!input.jspa

    If that fails - shout for a moderator .

  • Csound1 Level 8 (46,987 points)

    Uncheck these two

     

    Screen Shot 2014-04-26 at 00.26.15.png

     

    Or all of them.

  • Chris CA Level 9 (78,695 points)

    Csound1 wrote:

     

    Uncheck these two

    That only stops from for new discussions.

    Anything you are already subscribed to will continue.

    To stop everything, see this -> Stopping emails from ASC

  • Olive123 Level 1 (0 points)

    Is "notes" syncing working ?