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>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 id
by 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/