5 ms·

>"Does this mean that, broadly, under GDPR if anyone in any photo you've ever taken and put on social media complains, you have to take it down?" We can only h

>"Does this mean that, broadly, under GDPR if anyone in any photo you've ever taken and put on social media complains, you have to take it down?" We can only hope. No one has the right to post a picture of me on the internet anywhere ever for any reason.

viro 6y ago
You're joking right?
koboll 6y ago
This is silly. You don't retain any claims on images just because they include you. Extrapolating this idea leads to absurd conclusions. If I take a photo of a crowd at an NBA game and publish it in a book of NBA photos, should any member of that crowd be able to force the publisher to stop selling the book until they've removed the photo? If not, why should it work differently on the internet?
- Thaxll 6y ago
  Laws are different per country but usually it has to do with the intent of the picture, if I'm in background of your NBA photo I'm not the main subject so it's ok and I have not right to ask you to take it down.
- xphilter 6y ago
  Not to be a stickler, but if you’re at an NBA game you contractually agree to allow that photo to be taken and displayed (under US law). Obviously it’d be different under EU law though.
  - closeparen 6y ago
    GDPR consent cannot be a condition of accessing the service. It also has to be revocable.
    - kube-system 6y ago
      Does anyone know how EU sports handle this? Do they blur faces of people in the crowd on request?
      - xphilter 6y ago
        It would be a terrible solution if they did that I hope they don’t). I imagine they have specified what the legal basis is for collecting and using the photos and have an exemption outlined for when they receive a deletion request.
      - M2Ys4U 6y ago
        In the UK there's the common law notion of a "reasonable expectation of privacy". If you're in public then you don't, generally, have a reasonable expectation of privacy, but if you're at home or at work then it's a different story. As far as I'm aware, though, this hasn't been tested in court since the GDPR has come in to effect, but I would be surprised if the (UK) GDPR is not interpreted with that principal if and when it does.
    - xphilter 6y ago
      That’s why I put in the disclaimer. I don’t think you would rely on consent in that instance. Probably would have to use the “legitimate interest” and have some rules around how photos are taken and used (e.g., people in the background where the soccer player is the target of the photo vs taking a photo of a single fan in attendance).
- Tomte 6y ago
  Again, only speaking for my country (but I'd expect other European countries to be similar): pictures of a crowd don't give individual people depicted any rights, unless they are somehow the focus of the picture (say portrait shot with a crowd in the background). Also, when you take a photo of a building the passer-by doesn't get rights to demand you not publish it, if he is merely an insignificant chance addition. Unsurprisingly, all those "easy edge cases" that internet commenters believe to have found as the first person ever have already been thought through and handled.
asadhaider 6y ago
Umm, what if I take photos in a public place with you in them and the laws of the country allow public photography? or posting images which are public record such as mugshots/booking photos? (not that I agree with them being public record anyhow, morally I'd agree with you but it would be perfectly legal to do so)
- gsich 6y ago
  Depends. Public in the sense you want to photograph some monument/building? Then no problem. Photographing in public for the sole purpose of taking a photo from you? No.
  - kabdib 6y ago
    In the US, if you're in a public place you have no expectation of privacy. Someone can take your photo and do whatever they like with it. (This also goes for photos of "private property" that is visible from a public location, which often comes as a surprise to security guards and law enforcement).
- skrause 6y ago
  > Umm, what if I take photos in a public place with you in them and the laws of the country allow public photography? Here in Germany you are allowed to take photos in public, but you may not publish them in all circumstances. If a person is somewhere in the background it's fine. Also if it's a person of public interest. But you can not just follow anyone in public, take photos of them specificially and publish them. You may be required to take them down. Personality rights exist even in public. > or posting images which are public record such as mugshots/booking photos? In Germany (and many other countries) mugshots are not public records.
grawprog 6y ago
Honestly, I feel kind of the same way and i'm not really a big fan when I find pictures of myself online I didn't know about, but it's fairly unrealistic to believe you can stop people from doing this. Nothing was stopping people from taking your picture and posting it around town, or in a classified ad or something before, nothing's going to stop people from doing it now. The best thing to do is decide if it's a picture really worth being upset about existing and if it is, kindly talk to the people who posted it, otherwise it's probably not worth worrying about.
- unfunco 6y ago
  I agree with the sentiment, but for most of history there has been some sort of ceremony when taking a photo, saying cheese for example, it used to be much more obvious when a photo was being taken, and now its discrete in many situations. People that knowingly smile for a photo aren't really the people complaining.
- lmilcin 6y ago
  With companies assuming right to use the pictures posted on their platform it is now more complicated matter. Would you like picture of you posted by your family member on company's X platform to be used by company X for marketing purposes? I get your family member may not mind if their own pictures are used but you were never asked for permission. Would you want to be asked for permission?
- logifail 6y ago
  > The best thing to do is decide if it's a picture really worth being upset about existing [..] What if you've not seen the photo, don't know who took the photo, or who posted it, or where they posted it? Last year I had a drink with a group of friends in a pub, commemorating the untimely death of a friend one year before. The following day, at work, a manager who wasn't present the night before asked me about the event the previous evening. He said he'd seen me "in the photos" on Facebook. I'm not on Facebook, so I've no idea who took - or who posted - photos. Suggestions?
  - grawprog 6y ago
deleted 6y ago
[deleted]

viro 6y ago

You're joking right?

koboll 6y ago

This is silly. You don't retain any claims on images just because they include you. Extrapolating this idea leads to absurd conclusions. If I take a photo of a crowd at an NBA game and publish it in a book of NBA photos, should any member of that crowd be able to force the publisher to stop selling the book until they've removed the photo? If not, why should it work differently on the internet?

Thaxll 6y ago
Laws are different per country but usually it has to do with the intent of the picture, if I'm in background of your NBA photo I'm not the main subject so it's ok and I have not right to ask you to take it down.
xphilter 6y ago
Not to be a stickler, but if you’re at an NBA game you contractually agree to allow that photo to be taken and displayed (under US law). Obviously it’d be different under EU law though.
- closeparen 6y ago
  GDPR consent cannot be a condition of accessing the service. It also has to be revocable.
  - kube-system 6y ago
    Does anyone know how EU sports handle this? Do they blur faces of people in the crowd on request?
    - xphilter 6y ago
      It would be a terrible solution if they did that I hope they don’t). I imagine they have specified what the legal basis is for collecting and using the photos and have an exemption outlined for when they receive a deletion request.
    - M2Ys4U 6y ago
      In the UK there's the common law notion of a "reasonable expectation of privacy". If you're in public then you don't, generally, have a reasonable expectation of privacy, but if you're at home or at work then it's a different story. As far as I'm aware, though, this hasn't been tested in court since the GDPR has come in to effect, but I would be surprised if the (UK) GDPR is not interpreted with that principal if and when it does.
  - xphilter 6y ago
    That’s why I put in the disclaimer. I don’t think you would rely on consent in that instance. Probably would have to use the “legitimate interest” and have some rules around how photos are taken and used (e.g., people in the background where the soccer player is the target of the photo vs taking a photo of a single fan in attendance).
Tomte 6y ago
Again, only speaking for my country (but I'd expect other European countries to be similar): pictures of a crowd don't give individual people depicted any rights, unless they are somehow the focus of the picture (say portrait shot with a crowd in the background). Also, when you take a photo of a building the passer-by doesn't get rights to demand you not publish it, if he is merely an insignificant chance addition. Unsurprisingly, all those "easy edge cases" that internet commenters believe to have found as the first person ever have already been thought through and handled.

asadhaider 6y ago

Umm, what if I take photos in a public place with you in them and the laws of the country allow public photography? or posting images which are public record such as mugshots/booking photos? (not that I agree with them being public record anyhow, morally I'd agree with you but it would be perfectly legal to do so)

gsich 6y ago
Depends. Public in the sense you want to photograph some monument/building? Then no problem. Photographing in public for the sole purpose of taking a photo from you? No.
- kabdib 6y ago
  In the US, if you're in a public place you have no expectation of privacy. Someone can take your photo and do whatever they like with it. (This also goes for photos of "private property" that is visible from a public location, which often comes as a surprise to security guards and law enforcement).
skrause 6y ago
> Umm, what if I take photos in a public place with you in them and the laws of the country allow public photography? Here in Germany you are allowed to take photos in public, but you may not publish them in all circumstances. If a person is somewhere in the background it's fine. Also if it's a person of public interest. But you can not just follow anyone in public, take photos of them specificially and publish them. You may be required to take them down. Personality rights exist even in public. > or posting images which are public record such as mugshots/booking photos? In Germany (and many other countries) mugshots are not public records.

grawprog 6y ago

Honestly, I feel kind of the same way and i'm not really a big fan when I find pictures of myself online I didn't know about, but it's fairly unrealistic to believe you can stop people from doing this. Nothing was stopping people from taking your picture and posting it around town, or in a classified ad or something before, nothing's going to stop people from doing it now. The best thing to do is decide if it's a picture really worth being upset about existing and if it is, kindly talk to the people who posted it, otherwise it's probably not worth worrying about.

unfunco 6y ago
I agree with the sentiment, but for most of history there has been some sort of ceremony when taking a photo, saying cheese for example, it used to be much more obvious when a photo was being taken, and now its discrete in many situations. People that knowingly smile for a photo aren't really the people complaining.
lmilcin 6y ago
With companies assuming right to use the pictures posted on their platform it is now more complicated matter. Would you like picture of you posted by your family member on company's X platform to be used by company X for marketing purposes? I get your family member may not mind if their own pictures are used but you were never asked for permission. Would you want to be asked for permission?
logifail 6y ago
> The best thing to do is decide if it's a picture really worth being upset about existing [..] What if you've not seen the photo, don't know who took the photo, or who posted it, or where they posted it? Last year I had a drink with a group of friends in a pub, commemorating the untimely death of a friend one year before. The following day, at work, a manager who wasn't present the night before asked me about the event the previous evening. He said he'd seen me "in the photos" on Facebook. I'm not on Facebook, so I've no idea who took - or who posted - photos. Suggestions?
- grawprog 6y ago

deleted 6y ago

[deleted]