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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 diffe
by 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 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).