privacy european-union data-protection gdpr
Are chat logs against the new european GDPR?
<p>Is keeping logs of chats (e.g. IRC, in this specific case Twitch chat) against the new European General Data Protection Regulation? </p>

<p>I know you can't save data which can be linked to a natural person without their knowledge and permission, but does data like chat logs with usernames fall into this category?</p>

<p>And if so, does anonymising or deleting the username make any difference?</p>

<p>Keeping logs of chats would <em>not</em> necessarily be against the GDPR as you have suggested.</p>

<p><strong>For the IRC service provider/operator:</strong> these chats/logs would be within scope if EU-based users are involved and this means the data controller/processors would have legal obligations to comply with GDPR. The IRC service provider/operator would be the data controller and would be held ultimately responsible for the data stored/processed through the IRC service, including backups and logs kept etc, and this would mean any sub-processors they select (such as hosting provider) would also have to be GDPR compliant. Due to the nature of IRC chats being entirely public in the same way forum board posts and comments are public, the contract terms between the IRC service provider and the IRC users would need to be very clear that this is the case, and the IRC users would need to give consent for this processing (this is more complicated for children, see Article 8 regarding consent from the holder of parental responsibility).</p>

<p><strong>For IRC users (personal use):</strong> If you wish to keep the chat records for personal use only (i.e. not in connection with a business or your employment at a business), then an exemption applies:</p>

<blockquote>
  <ol start="2">
  <li><p>This Regulation does not apply to the processing of personal data: ...</p>
  
  <p>(c) by a natural person in the course of a purely personal or household activity; ...</p></li>
  </ol>
  
  <p>(<a href="http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679" rel="nofollow noreferrer">GDPR</a>, Article 2: Material Scope, Paragraph 2(c), p.32)</p>
</blockquote>

<p><strong>For IRC users (commercial/business use):</strong> In this case I don't think you would have any legal basis to store/process these chats/logs if they contain personal data without a legal agreement with the data controller which would require you to put in place the same protections they have to under GDPR but then allow your business to access the data for specific purposes. While the information may be published or considered to be in the 'public domain', for you to take a copy of it without permission and use it for a purpose they haven't consented to would not be allowed under GDPR. Additionally, to go through the process of removing personal data from the chats/logs would in itself be considered 'processing' under GDPR and therefore would be unauthorised without a legal agreement with the data controller. Practically therefore, your best options under this circumstance would be if:</p>

<ol>
<li><p>The IRC service provider implemented a 'favourites' feature to save within their own system the chat conversations you wish to retain and refer back to in future. Since they hold the data and you already have a user agreement with them there is no further complications (this is probably the best option);</p></li>
<li><p>The IRC service provider implemented a feature to download an <em>anonymized</em> copy of a chat conversation (not ideal as there are no guaruntees a user will not include personal data in their messages, though the user agreement could state that message content will be considered to exclude personal data, in a similar way to how StackExchange do for this website, see the paragraph titled "Information You Choose to Display Publicly on the Network" on the <a href="https://stackexchange.com/legal/privacy-policy">StackExchange Privacy Policy</a>).</p></li>
<li><p>Your business considered an alternative communications solution, such as hosting its own real-time chat system or forum boards system, in which case your business would be the data controller, and while subject to GDPR you could then define the purposes for which the data will be used in your own user agreement.</p></li>
</ol>
