3 ms·
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
by 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 agoLaws 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 agoNot 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 agoGDPR consent cannot be a condition of accessing the service. It also has to be revocable.
- kube-system 6y agoDoes anyone know how EU sports handle this? Do they blur faces of people in the crowd on request?
- xphilter 6y agoIt 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 agoIn 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 agoThat’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 agoAgain, 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.