4 ms·

I'm not sure I understand the GDPR argument here. Is collecting the facial information from actors and actresses in porn movies illegal? Or was it the access of

I'm not sure I understand the GDPR argument here. Is collecting the facial information from actors and actresses in porn movies illegal? Or was it the access of their social media accounts? Why is the tallying of what is publicly consumable a violation of GDPR?

thrower123 7y ago
You are thinking that GDPR is something logical and consistent, which is a mistake. In reality it's a cudgel that can be employed at whim.
- julienreszka 7y ago
  Is it tho
tobr 7y ago
GDPR deals with processing of personal data, not just collection or canonical records of it. If personal data passes through a system, it’s probably covered by GDPR.
- deleted 7y ago
  [deleted]
barrkel 7y ago
The doctrine of public view meaning there are no rights to be enforced is not internationally recognised. Google even gave up on Street View in Germany, despite public streets being public. There are good logical and moral reasons, IMO, why the doctrine is unsound. For example: individual photos are qualitatively different to movies, even though movies are made up of individual photos; the fixed interval conveys speed, which individual photos are quite poor at. Similarly, pervasive photography is different to individual photography: instead of an incident at a single location, someone's whole day may be mapped out, and who they're talking to, etc. In other words, reasoning about privacy is not transitive or scale invariant. You can't say that the end result is ok or moral based on its component parts. Composition changes the thing qualitatively.
dahart 7y ago
I think this is a good question, and I’d like to know too, in specifics, not just “well, there’s personal data involved.” I’ve seen a lot of misunderstanding about GDPR and I’ve read parts of the legal code myself, and while it is clear why this software was a bad idea and how awful it might be for the actors, it’s not immediately clear exactly how this violates that law. One thought perhaps is that the porn movies, even if it’s public information with consent, often do not identify the actors. The problem may be in connecting “anonymous” public information from one source with personally identifying public information from another source. But, this seems doubly problematic since all the information may be public with consent and since someone’s face might reasonably be considered identifying information. Does GDPR make it illegal to connect any personal data even when from public sources that all have consent?
- jonnycomputer 7y ago
  apparently others don't like the question either. strange, because it was just a question. i don't really have an agenda, I'm just confused.
GuB-42 7y ago
In France, we have something called "droit à l'image". It means that if you can't appear on a picture without your authorization, with a few exceptions. If you give an authorization, it has to be for a specific purpose and not generalized. So just because you gave an authorization to appear in a movie doesn’t mean you gave an authorization for other purposes, such as face matching. Same thing for social media. There are also copyright issues. If France, you always own copyright (droit d'auteur), you may transfer the exploitation rights but the work is still yours. It means you still retain some level of control, in particular regarding decency. France is just one European country but that's to show that there are limits to what you can do, even with publicly available data.
- internet_user 7y ago
  What if your image has been cached by a CDN outside of France, and then downloaded and matched by someone who never interfaced with a French IP? Who is at fault here?
  - GuB-42 7y ago
    IANAL but I don't think CDNs an IPs matter here. The question would be more among the line of "in the picture taken in France" or "has the matching been done in France or by a company that has a presence in France". And unless everything happens in France, it would be a huge mess and I don't think anything can be done. GDPR is an attempt to harmonize the rules of different countries and make them enforceable internationally. I don't know how it is done in other European countries but rules regarding personal data and authorship tend to be stronger than in the US, and freedom of speech is more controlled (ex: hate speech, libel, ...).
- karl_schlagenfu 7y ago
  How does this work when tourists are taking photographs? For example at the Eiffel Tower where it's almost impossible to take a photo without people being in the shot.

thrower123 7y ago

You are thinking that GDPR is something logical and consistent, which is a mistake. In reality it's a cudgel that can be employed at whim.

julienreszka 7y ago
Is it tho

tobr 7y ago

GDPR deals with processing of personal data, not just collection or canonical records of it. If personal data passes through a system, it’s probably covered by GDPR.

deleted 7y ago
[deleted]

barrkel 7y ago

The doctrine of public view meaning there are no rights to be enforced is not internationally recognised. Google even gave up on Street View in Germany, despite public streets being public. There are good logical and moral reasons, IMO, why the doctrine is unsound. For example: individual photos are qualitatively different to movies, even though movies are made up of individual photos; the fixed interval conveys speed, which individual photos are quite poor at. Similarly, pervasive photography is different to individual photography: instead of an incident at a single location, someone's whole day may be mapped out, and who they're talking to, etc. In other words, reasoning about privacy is not transitive or scale invariant. You can't say that the end result is ok or moral based on its component parts. Composition changes the thing qualitatively.

dahart 7y ago

I think this is a good question, and I’d like to know too, in specifics, not just “well, there’s personal data involved.” I’ve seen a lot of misunderstanding about GDPR and I’ve read parts of the legal code myself, and while it is clear why this software was a bad idea and how awful it might be for the actors, it’s not immediately clear exactly how this violates that law. One thought perhaps is that the porn movies, even if it’s public information with consent, often do not identify the actors. The problem may be in connecting “anonymous” public information from one source with personally identifying public information from another source. But, this seems doubly problematic since all the information may be public with consent and since someone’s face might reasonably be considered identifying information. Does GDPR make it illegal to connect any personal data even when from public sources that all have consent?

jonnycomputer 7y ago
apparently others don't like the question either. strange, because it was just a question. i don't really have an agenda, I'm just confused.

GuB-42 7y ago

In France, we have something called "droit à l'image". It means that if you can't appear on a picture without your authorization, with a few exceptions. If you give an authorization, it has to be for a specific purpose and not generalized. So just because you gave an authorization to appear in a movie doesn’t mean you gave an authorization for other purposes, such as face matching. Same thing for social media. There are also copyright issues. If France, you always own copyright (droit d'auteur), you may transfer the exploitation rights but the work is still yours. It means you still retain some level of control, in particular regarding decency. France is just one European country but that's to show that there are limits to what you can do, even with publicly available data.

internet_user 7y ago
What if your image has been cached by a CDN outside of France, and then downloaded and matched by someone who never interfaced with a French IP? Who is at fault here?
- GuB-42 7y ago
  IANAL but I don't think CDNs an IPs matter here. The question would be more among the line of "in the picture taken in France" or "has the matching been done in France or by a company that has a presence in France". And unless everything happens in France, it would be a huge mess and I don't think anything can be done. GDPR is an attempt to harmonize the rules of different countries and make them enforceable internationally. I don't know how it is done in other European countries but rules regarding personal data and authorship tend to be stronger than in the US, and freedom of speech is more controlled (ex: hate speech, libel, ...).
karl_schlagenfu 7y ago
How does this work when tourists are taking photographs? For example at the Eiffel Tower where it's almost impossible to take a photo without people being in the shot.