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Question about twitch stream and GDPR

Twitch GDPR

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Bordhaw #21 Posted 09 January 2019 - 09:09 PM

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View Postslitth, on 09 January 2019 - 06:39 PM, said:

If I am playing a match and someone is Twitch streaming or any other streaming of the match can I remove my consent be a part of the stream?

Or does the stream just have to blur out the usernames?

 

Responsibility lies with YouTube or in this case Twitch. 

Blubba #22 Posted 09 January 2019 - 09:24 PM

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View Postslitth, on 09 January 2019 - 07:41 PM, said:

 

Well I would need access to the WG user database to do this. And I do not have such access.

That does not change the fact that my username is linked with personal information on this database and is the for an online identifier.

But anyone that has access to my username and has access to the database will be able to get my name, e-mail and transaction history.

 

I would guess you gave that permission of your online persona used in this game to WG to use as they see fit. If they see fit to let someone else use it in the promotion of said product, I would imagine they can. The only caveat being that they keep your personal details personal.

I'm no lawyer but I can't see it any other way. Your not getting contacted by phone or e-mail are you?



slitth #23 Posted 09 January 2019 - 09:25 PM

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View PostCmdRatScabies, on 09 January 2019 - 08:08 PM, said:

 

You think Twitch won't have looked into this?  Bound to have had someone complain by now.

 

They did, they informed the streamer is responsible to follow all rules and laws when making a broadcast.

They informed that they in on shape, way or form is responsible for the broadcast content and that is the streamer's problem.

 

View PostBordhaw, on 09 January 2019 - 08:09 PM, said:

 

Responsibility lies with YouTube or in this case Twitch. 

 

Twitch says that is the one making the broadcast that is responsible.

CmdRatScabies #24 Posted 09 January 2019 - 09:30 PM

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View Postslitth, on 09 January 2019 - 09:25 PM, said:

 

They did, they informed the streamer is responsible to follow all rules and laws when making a broadcast.

They informed that they in on shape, way or form is responsible for the broadcast content and that is the streamer's problem.

 

 

Twitch says that is the one making the broadcast that is responsible.

 

Aren't Twitch technically the broadcaster?  Once they are aware of an issue (doubtful it is though) I believe they would be obligated to act - as they do muting on copyright soundtracks.

slitth #25 Posted 09 January 2019 - 09:34 PM

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View PostBlubba, on 09 January 2019 - 08:24 PM, said:

 

I would guess you gave that permission of your online persona used in this game to WG to use as they see fit. If they see fit to let someone else use it in the promotion of said product, I would imagine they can. The only caveat being that they keep your personal details personal.

I'm no lawyer but I can't see it any other way. Your not getting contacted by phone or e-mail are you?

 

True I have given permission for WG to use the online persona as they see fit.

But I have to give Twitch this permission, nor do they need to have my permission.

 

Now the question is do I have the right to stop player from streaming a game that I am a part of.

Probably not.

But I might have the right to be anonymous in that steam. But I have to invoke that right / remove my consent before a streamer have to "blur" my username

And if they can not do this, they have to stop that steam.

 

Again this will probably only be a problem is the player is informed that they are being steamed and would like to not be steamed.

And as fare as I know you do not have to inform the other players that you are steaming.

 

20:37 Added after 2 minutes

View PostCmdRatScabies, on 09 January 2019 - 08:30 PM, said:

 

Aren't Twitch technically the broadcaster?  Once they are aware of an issue (doubtful it is though) I believe they would be obligated to act - as they do muting on copyright soundtracks.

 

Yes, but there have to be a complain for them to act.

With means that a steamer has to be notified that a player in the game does not want to participate in the stream and then choose to ignore this.

 



NUKLEAR_SLUG #26 Posted 09 January 2019 - 09:52 PM

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View Postslitth, on 09 January 2019 - 08:49 PM, said:.

As the online identifier is link your personal information under the protected WG database it is personal info as defined by GDPR.

Now as a user playing WoT you have given consent that other can see you online identifier and that it may be recorded on a replay.

 

Nope, the online identifier reference only applies such that in the case of knowing the online identifier that identifier can then be used to extract personally identifiable information about you.

 

Your in-game username does not enable anyone to do so and the fact that WG may have personal details about you stored in their customer database is irrelevant provided that in game username does not enable anyone to access that data, which it does not.

 

GDPR does not apply.



jabster #27 Posted 09 January 2019 - 09:55 PM

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The Wargaming Privacy Policy, which you’ve agreed to, says your nickname may be shared in this way.

Balc0ra #28 Posted 09 January 2019 - 09:57 PM

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View Postslitth, on 09 January 2019 - 09:02 PM, said:

Oh and if you delete you account and invoke your right to be forgotten, the stats would probably removed or show nothing.

 

​​Around the same time the GDRP was added. A topic did appear here about one demanding to use article 17 with regards to the forum and what he had posted here. WG was happy to do it. And he still plays, but his forum account is gone, and you can't find any of his topics either. So I can't even tell you who it was. And if you demand to have your account deleted, ofc your stat page and forum page disapears. It was like that even before the GDPR. 

 

View Postslitth, on 09 January 2019 - 08:49 PM, said:

The only real question about this is does the consent cover steaming of games online and if you can withdraw this specific consent.

 

Twitch made a long blog post about this to name one when it did arrive. And after this long, you would hear more about it if people could. 

 

View Postslitth, on 09 January 2019 - 09:02 PM, said:

There is probably come form of consent given that WG may allow you stats to be visible.

But in most case you have to know the username to look it up.

 

​What do you think the rewroked terms of agrement you agreed to a few days before the act was leagaly active was about?  

 

View Postslitth, on 09 January 2019 - 08:41 PM, said:

 

Well I would need access to the WG user database to do this. And I do not have such access.

That does not change the fact that my username is linked with personal information on this database and is the for an online identifier.

But anyone that has access to my username and has access to the database will be able to get my name, e-mail and transaction history.

 

​Yes you can under atricle 15. But I can't unless I prove ownership, and to do that I need the email and transaction histroy and transfer codes. And I can't get that info by your nick and profile alone due to article 25 that protects your real info, inc emails. Your fake game avatar stats don't fall under that. As was also proven in the 999 "GDPR vs XVM" topics we had back when the act came. Again in this game. If you have more open info with that nick in other places. Then that's something you need to take up with that game or service, not twitch or WG. 

 

Then agian on your bio you happily shared your nasionality, date of birth and age that people of the forum can see. But you don't want other players to look up your WR in game? 

 

 

 


Edited by Balc0ra, 09 January 2019 - 10:02 PM.


slitth #29 Posted 09 January 2019 - 10:27 PM

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View PostNUKLEAR_SLUG, on 09 January 2019 - 08:52 PM, said:

 

Nope, the online identifier reference only applies such that in the case of knowing the online identifier that identifier can then be used to extract personally identifiable information about you.

 

Your in-game username does not enable anyone to do so and the fact that WG may have personal details about you stored in their customer database is irrelevant provided that in game username does not enable anyone to access that data, which it does not.

 

GDPR does not apply.

 

The username can be used by a WG employee to look up my profile. Therefore it is linked to my personal information.

The accessibility of the other information does not change the fact that the username and other information is linked and therefore GDPR does apply.

 

If the username is not linked to other personal information, then GDPR does not apply.

 

And added note if you look up my forum profile you can see my gender.

That personal information people can see by login in to the forum and looking up my profile.

 

View Postjabster, on 09 January 2019 - 08:55 PM, said:

The Wargaming Privacy Policy, which you’ve agreed to, says your nickname may be shared in this way.

 

Yes, but I also have to right to withdraw the consent.

 

View PostBalc0ra, on 09 January 2019 - 08:57 PM, said:

 

 

​​Around the same time the GDRP was added. A topic did appear here about one demanding to use article 17 with regards to the forum and what he had posted here. WG was happy to do it. And he still plays, but his forum account is gone, and you can't find any of his topics either. So I can't even tell you who it was. And if you demand to have your account deleted, ofc your stat page and forum page disapears. It was like that even before the GDPR. 

 

 

Twitch made a long blog post about this to name one when it did arrive. And after this long, you would hear more about it if people could. 

 

 

​What do you think the rewroked terms of agrement you agreed to a few days before the act was leagaly active was about?  

 

 

​Yes you can under atricle 15. But I can't unless I prove ownership, and to do that I need the email and transaction histroy and transfer codes. And I can't get that info by your nick and profile alone due to article 25 that protects your real info, inc emails. Your fake game avatar stats don't fall under that. As was also proven in the 999 "GDPR vs XVM" topics we had back when the act came. Again in this game. If you have more open info with that nick in other places. Then that's something you need to take up with that game or service, not twitch or WG. 

 

Then agian on your bio you happily shared your nasionality, date of birth and age that people of the forum can see. But you don't want other players to look up your WR in game? 

 

 

 

 

True, I can share all this and because my username can be linked to nationality, date of birth and age it's even more personal data as it can show personal information to players that are login.

 

Now it the can of XVM the username is probably not like to a XVM database that contains personal information.

So it you give GW consent to post information to then there is no problem, unless you give the XVM database a right to be forgotten request.

Then the XVM database has to compile after you have proven ownership of the data, with is impossible to do.


Edited by slitth, 09 January 2019 - 10:33 PM.


m1x_angelico #30 Posted 09 January 2019 - 10:34 PM

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View Postslitth, on 09 January 2019 - 07:39 PM, said:

If I am playing a match and someone is Twitch streaming or any other streaming of the match can I remove my consent be a part of the stream?

Or does the stream just have to blur out the usernames?

 

First of all, not an expert in EU data protection laws and its extraterritorial application, so just my personal opinion. The Twitch site is held by Amazon, a US based company, so there is no direct GDPR application.

 

Twitch does indirectly address GDPR in its Privacy Policy:

 

Block Quote

 Residents of the European Economic Area (“EEA”;), can exercise certain data subject rights available to them under applicable data protection laws.  We will comply with requests to exercise these rights in accordance with applicable law.  Please note that in some circumstances, we may  need to keep processing your information for certain legitimate interests or to comply with a legal obligation.  If these rights apply to you, they may permit you to request that we:

 

Obtain access to or a copy of certain personal information we hold about you
Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling)
Update personal information that is out of date or incorrect
Delete certain personal information we hold about you
Restrict the way that we process and disclose specific personal information about you
Transfer your personal information to a third-party provider of services
Revoke consent that you previously provided for the processing of your personal information


For more information on how to exercise these rights, click here.  If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

 

If you are discussing about streamers using your username and chat posts to stream it in an overview mode when they play, that is a slightly different issue, as they are using data provided by you to Twitch, without your consent (unless such consent was provided by you when opening the account).

 

I would be interested to see what will Twitch's response be when you write to them, so if you do that, keep us posted.

 

P.S. Dont expect much serious responses here for two reasons: Many people dont really care about their private data (point and case Facebook), and to many people discussing data protection laws or effects is like explaining quantum physics to kids - extremely boring.

 

 


Edited by m1x_angelico, 09 January 2019 - 10:37 PM.


slitth #31 Posted 09 January 2019 - 10:40 PM

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View Postm1x_angelico, on 09 January 2019 - 09:34 PM, said:

 

Trolls and jokesters incoming in 3,2,1...

 

First of all, not an expert in EU data protection laws and its extraterritorial application, so just my personal opinion. The Twitch site is held by Amazon, a US based company, so there is no direct GDPR application.

 

Twitch does indirectly address GDPR in its Privacy Policy:

 

 

If you are discussing about streamers using your username and chat posts to stream it in an overview mode when they play, that is a slightly different issue, as they are using data provided by you to Twitch, without your consent (unless such consent was provided by you when opening the account).

 

I would be interested to see what will Twitch's response be when you write to them, so if you do that, keep us posted.

 

P.S. Dont expect much serious responses here for two reasons: Many people dont really care about their private data (point and case Facebook), and to many people discussing data protection laws or effects is like explaining quantum physics to kids - extremely boring.

 

 

 

GDPR apply to all companies that has EU citizens as customers/users.

Even if they are based in the US as soon as they allow EU citizens to use the service they are bound by GDPR.

 

And this is far from a serious discussion. Think of of as an academic discussion to pass the time

Oh and I have written Twitch just so satisfy my curiosity



jabster #32 Posted 09 January 2019 - 10:41 PM

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View Postslitth, on 09 January 2019 - 09:27 PM, said:

 

 

The username can be used by a WG employee to look up my profile. Therefore it is linked to my personal information.

The accessibility of the other information does not change the fact that the username and other information is linked and therefore GDPR does apply.

 

If the username is not linked to other personal information, then GDPR does not apply.

 

And added note if you look up my forum profile you can see my gender.

That personal information people can see by login in to the forum and looking up my profile.

 

 

Yes, but I also have to right to withdraw the consent.

 

 

True, I can share all this and because my username can be linked to nationality, date of birth and age it's even more personal data as it can show personal information to players that are login.

 

Now it the can of XVM the username is probably not like to a XVM database that contains personal information.

So it you give GW consent to post information to then there is no problem, unless you give the XVM database a right to be forgotten request.

Then the XVM database has to compile after you have proven ownership of the data, with is impossible to do.

 

If you want to withdraw your consent then you delete your account, that’s pretty much how WG has set it up. You can’t cherry pick which bits you consent to.

wsatnutter #33 Posted 09 January 2019 - 10:47 PM

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OP why would you care about a stream are you in danger from unknown persons MI5 MI6 or are you just a special snowflake 

slitth #34 Posted 09 January 2019 - 10:53 PM

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View Postjabster, on 09 January 2019 - 09:41 PM, said:

 

If you want to withdraw your consent then you delete your account, that’s pretty much how WG has set it up. You can’t cherry pick which bits you consent to.

 

True, but why should it stop playing WoT just because I would like a annoying person steaming the game I am in.

 

View Postwsatnutter, on 09 January 2019 - 09:47 PM, said:

OP why would you care about a stream are you in danger from unknown persons MI5 MI6 or are you just a special snowflake 

 

It some want to ask me to steam my bad games, feel free to do so. Some one might even laugh over my bad gameplay.

It they want to steam me without asking for informing me about it. Got ahead.

If they spam my game chat with "watch me on Twitch" over and over. I would ask them not to steam that game.

 



jabster #35 Posted 09 January 2019 - 10:56 PM

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View Postslitth, on 09 January 2019 - 09:53 PM, said:

 

True, but why should it stop playing WoT just because I would like a annoying person steaming the game I am in.

 

 

It some want to ask me to steam my bad games, feel free to do so. Some one might even laugh over my bad gameplay.

It they want to steam me without asking for informing me about it. Got ahead.

If they spam my game chat with "watch me on Twitch" over and over. I would ask them not to steam that game.

 

 

Well I suppose the answer is don’t let it bother you as there’s bugger all you can do about it at least under GDPR. WG on the other hand may be interested in spamming in-game chat.

Edited by jabster, 09 January 2019 - 10:59 PM.


slitth #36 Posted 09 January 2019 - 10:59 PM

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View Postjabster, on 09 January 2019 - 09:56 PM, said:

 

Well I suppose the answer is don’t let it bother you as there’s bugger all you can do about it.

 

Naa, if funnier to say that "I do not consent to a part of your steam" and see what happens.

 



250swb #37 Posted 09 January 2019 - 10:59 PM

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View PostNUKLEAR_SLUG, on 09 January 2019 - 07:47 PM, said:

 

 seeing your in game username, is going to be able to derive exactly zero personally identifiable information about you from watching that stream?

 

 

Well viewers will be able to see if the player is a knob, I guess that's what the problem is really.



Dorander #38 Posted 09 January 2019 - 11:22 PM

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View Postslitth, on 09 January 2019 - 06:48 PM, said:

The WoT username are unique to each player and as such can be used to identify that individual player.

Because of this is subject to GDPR

 

 

That is not the reason this scenario is subject to the GDPR, the reason is that data related to EU citizens is being processed. This is also applicable to companies outside of the EU, because they are selling their services or products to EU citizens and are thus liable under EU law. And yes, the EU can and does take companies to court, and these companies take that seriously. They fight these laws in court (which is its own financial investment), they don't ignore them because they're US based companies. Just ask Google. And I don't mean google it (though you can).

 

 

However it's a mistake to see the GDPR as a list of restrictions, it is a list of conditions. Some of these conditions result in something being forbidden, some conditions involve acquiring consent, and some conditions involve anonymisation of the individual in question. You cannot be identified merely by an online handle unless there is a registered link between your online handle and your identity as a natural or legal person. Since no such link is displayed in a Twitch stream it's difficult to see how this would be forbidden under the GDPR, which has articles concerning online identifiers that go beyond the initial definition that these identifiers may be considered personal information.

 

You could post your actual personal information in chat of course but since you're then volunteering it that'd be implicit permission since you know the person in question is streaming. It'd also be a really bad idea generally.

 

 

View Postslitth, on 09 January 2019 - 08:25 PM, said:

 

Twitch says that is the one making the broadcast that is responsible.

 

That smells a bit fishy, honestly, I'm not a lawyer but here's my understanding of it. Under the GDPR your privacy should be protected by any third party who processes your data (including companies located outside of the EU). Twitch, as the provider of the streaming service, handles the data through their serves and is thus defined as a processor under the GDPR. If this data then contains personal information, they have to treat it according to the GDPR. This includes needing your consent to store it, adhering to your requests to delete it, etc.. They can't just put this responsibility on the streamer.

 

At the very least it would be their responsibility to deny their service to any streamer who uses their streaming services to spread people's personal information without consent. There are probably details about it in the EULA for any streamer who wants to use their services, stating that Twitch isn't culpable if a streamer uses their service to process personal information and a serious EULA violation typically results in the agreement between the user and the provider being terminated after which Twitch deletes (one would hope) any stored material that potentially contains personal information generated by that user. When Twitch says they are not responsible, they probably mean you can't sue them over it, which MAY be true if they handle such a situation properly. However as far as I know GDPR enforcement is still somewhat unchartered waters.



HaZardeur #39 Posted 09 January 2019 - 11:37 PM

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Joggaman #40 Posted 09 January 2019 - 11:46 PM

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View PostBalc0ra, on 09 January 2019 - 09:57 PM, said:

 

 

​​Around the same time the GDRP was added. A topic did appear here about one demanding to use article 17 with regards to the forum and what he had posted here. WG was happy to do it. And he still plays, but his forum account is gone, and you can't find any of his topics either. So I can't even tell you who it was. And if you demand to have your account deleted, ofc your stat page and forum page disapears. It was like that even before the GDPR. 

 

Learn how to "Tr0gledyte", mate!

http://forum.worldoftanks.eu/index.php?/topic/678260-gdpr-the-right-to-be-forgotten-forum-posts/







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