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Photos of the actual user would, of course, be subject to all the other GDPR requirements around that user's data, but random other people that happen to be in
by chrismeller 8y ago
Photos of the actual user would, of course, be subject to all the other GDPR requirements around that user's data, but random other people that happen to be in those photos should have no impact on the GDPR scope unless you're attempting to identify them. From [1] on consent:
"Recital 51 notes that photographs will qualify as biometric data only when they are processed “through a specific technical means allowing the unique identification or authentication of a natural person.”"
So Facebook trying to match your face to tag you in a photo counts, but the usage in this weather app doesn't appear to.
[1]: https://iapp.org/news/a/top-10-operational-impacts-of-the-gdpr-part-3-consent/ https://iapp.org/news/a/top-10-operational-impacts-of-the-gd...
- uberneo 8y agoHow about if you are just identifying that whether its a Male or Female and their ages without uniquely identifying that it was 'John Doe'.. Does GDPR will still have problems with that ?
- chrismeller 8y agoI don't believe that would fall afoul under this particular section, but I know there are specific sections that deal with anything regarding gender, ethnicity, sexual preference, religious affiliation, etc. that you might have to worry about. I'm pretty sure you could still do it without any kind of consent (which is what the case here was related to), but the gender data you collect from it might have restrictions on use or other caveats you'd have to deal with. Honestly I'd have to do some specific research and then probably contact a lawyer to have them do some research just to CYA (or rather, mine).