> On Nov 21, 2018, at 12:03 PM, Bill Cole
> <sausers-20150...@billmail.scconsult.com> wrote:
>
> On 21 Nov 2018, at 13:03, Anne P. Mitchell, Esq. wrote:
>
>> Except for the private right of action provided in GDPR, and small claims
>> court in the U.S.
>
> Are you saying an EU law can create an actionable civil tort claim in a US
> state small claims court for actions which are not illegal under any US state
> or federal law?
No, I'm saying that anybody can sue anybody for anything in the U.S., and it's
extremely easy to file an action in small claims court. It wouldn't even have
to be, technically, 'under' GDPR (as you mention, there is always tort) - but
GDPR would be the hook that they would use, and the authority (note I said
authority, not law) they would cite.
That said, I think it's much more likely that the lawsuits already filed
against Google and Facebook by Max Schrems will be ones to test the
jurisdiction/enforcement issues.
Anne
Anne P. Mitchell,
Attorney at Law
GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Legislative Consultant
CEO/President, Institute for Social Internet Public Policy
Board of Directors, Denver Internet Exchange
Board of Directors, Asilomar Microcomputer Workshop
Legal Counsel: The CyberGreen Institute
Legal Counsel: The Earth Law Center
California Bar Association
Cal. Bar Cyberspace Law Committee
Colorado Cyber Committee
Ret. Professor of Law, Lincoln Law School of San Jose
Ret. Chair, Asilomar Microcomputer Workshop
