4 ms·
>Algorythm doesn't have to collect any data on you besides your image which is not considered private data given that you need to carry one. The GDPR doesn't c
by Aengeuad 7y ago
>Algorythm doesn't have to collect any data on you besides your image which is not considered private data given that you need to carry one.
The GDPR doesn't care about 'private' data (for the most part) as it only cares about personal data, and faces absolutely are considered personal data under article 4 point 14. Faces are even in a special category of data which you are prohibited from processing at all unless some conditions are met, although article 9 point 2e allows processing such data if they have been 'manifestly made public'. The GDPR doesn't define what 'manifestly made public' means but the Scottish Parliament[0] suggests that it could mean images purposely uploaded to social media and made public, but note that just because you are not prohibited from processing such images does not mean you have a lawful basis for processing that data in the first place.
>It can have single image and compare it to the porn collection without storing any results anywhere, but just returning 'XXX was a porn star in YYY'.
>Implementation detail. This can be totally avoided. Tool can accept picture and return the result.
This is an implementation detail that I had not considered. The original tool and article talks about crawling both porn sites as well as social media and both are fraught with legal issues, not every video or image on porn sites is going to be legal in the first place (revenge porn, stolen images) never mind the copyright issues involved, and crawling social media for this information is simply not acceptable under the GDPR.
>Tool can also create opt out mechanism
Such a tool would almost certainly need to be opt in from the data subject, article 6 makes this clear, you need specific consent from the data subject or some other conditionals which aren't applicable here. Best case scenario if you want to operate such a tool in Europe is that you argue (in court, mind) that you have a legitimate interest to run such a tool which does not override the fundamental rights and freedoms of the data subject, which does not seem like it would go in your favour at all.
[0] Page 6: https://www.parliament.scot/S5ChamberOffice/2018_06_01_Motions_Guidance_FINAL.pdf https://www.parliament.scot/S5ChamberOffice/2018_06_01_Motio...
- majkinetor 7y agoGreat comments Consider however the variant I proposed (picture 2 result). Would that be penalty according to GDPR and if photo is already public and not used for personal identification ? Perhaps it could be said that the any algorithm that makes person identifiable is problematic. However, random photo of you doesn't identify you AFAIK and porn star names are also made up, so you are connecting 2 non-identifying things and the end result most also be non-id ?
- Aengeuad 7y ago>Consider however the variant I proposed (picture 2 result). Would that be penalty according to GDPR and if photo is already public and not used for personal identification ? >However, random photo of you doesn't identify you AFAIK and porn star names are also made up, so you are connecting 2 non-identifying things and the end result most also be non-id ? I'd say this would still be against the GDPR. The porn image (assuming a professional production and not revenge porn/stolen images) and an image from social media would both be public images of course, but under the GDPR you still need a lawful basis for processing data as defined by article 6 [0], one such basis for this is that the data subject concerned (i.e., the person in the photo being uploaded) gives specific consent for this purpose. The only way I can see such a site being legal is if you're providing a service to allow people to upload their own images to see if porn of them is being uploaded without consent, however you would need to ensure that the person in the image is the one consenting to that use as you would be liable if other people were uploading those images. It may also be legal to run such a tool for purely personal reasons as the GDPR does not apply to personal activities [1], but it would be illegal to make this available to other people and you would still have other legal issues with such a tool (like copyright). [0] https://gdpr-info.eu/art-6-gdpr/ https://gdpr-info.eu/art-6-gdpr/ [1] https://gdpr-info.eu/art-2-gdpr/ https://gdpr-info.eu/art-2-gdpr/