5 ms·

Even private individuals have been smacked with GDPR fines.

by foxfluff 5y ago

Volker_W 5y ago
Do you have good examples?
- lmkg 5y ago
  Go to https://www.enforcementtracker.com https://www.enforcementtracker.com, which collects and publishes GDPR fine information. Type in "Private Individual" as a filter in the "Controller/Processor" column. I see twenty-ish results, mostly from Spain. My Spanish is rusty and non-technical, but I think some of those fines are about posting videos to social media.
- MinorTom 5y ago
  Somebody has been fined for reporting illegal parking to the city. Yes really, they say he has no legitimate interest in reporting people who park on the sidewalk in a way that's endangering pedestrians. https://www-mucbook-de.translate.goog/wenn-datenschutz-falschparker-schuetzt-app-radfahrer-kvr-muenchen/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp https://www-mucbook-de.translate.goog/wenn-datenschutz-falsc...
erinnh 5y ago
Considering GDPR is not legislation that applies to private individuals, Im rather confused what you are talking about.
- lmkg 5y ago
  Dunno where you're getting that idea. Per Article 2 "Material Scope" (https://gdpr-info.eu/art-2-gdpr/ https://gdpr-info.eu/art-2-gdpr/): > 2. This Regulation does not apply to the processing of personal data: > (c) by a natural person in the course of a purely personal or household activity; There is an exemption for private individuals conducting their personal affairs. But it still applies to private individuals acting in a public space. Article 4 also reinforces that a Controller may be a natural person.
  - erinnh 5y ago
    What would "public space" mean for you? I cant think of anything other than personal or household activities. Unless youre talking about one-person companies. But then, I consider them companies, even if they are only one person.
    - lmkg 5y ago
      This is one of those things where different countries take different approaches (or at least have different pointes of emphasis). But the classic example is a security camera you install on your own house (or these days, a doorbell camera). If it can only see your own property, that's a household activity and is not covered by GDPR. If it records video of people walking on the public sidewalk outside your house, then GDPR applies to that recording. As noted elsewhere, most of the fines against private individuals have been issued by Spain. And my mediocre Spanish literacy leads me to believe several of those fines are for posting videos on social media.
      - erinnh 5y ago
        That example isnt allowed where I live at all. lol Cant point your camera at public spaces. But I get where you are coming from. Just isnt all that relevant to my live, I guess. Most things here go farther than the GDPR in those cases.
amelius 5y ago
Illegal postings to social media by individuals are a different class of violations, of which I don't see the relevance here.

Even private individuals have been smacked with GDPR fines.

Volker_W 5y ago

Do you have good examples?

lmkg 5y ago
Go to https://www.enforcementtracker.com https://www.enforcementtracker.com, which collects and publishes GDPR fine information. Type in "Private Individual" as a filter in the "Controller/Processor" column. I see twenty-ish results, mostly from Spain. My Spanish is rusty and non-technical, but I think some of those fines are about posting videos to social media.
MinorTom 5y ago
Somebody has been fined for reporting illegal parking to the city. Yes really, they say he has no legitimate interest in reporting people who park on the sidewalk in a way that's endangering pedestrians. https://www-mucbook-de.translate.goog/wenn-datenschutz-falschparker-schuetzt-app-radfahrer-kvr-muenchen/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp https://www-mucbook-de.translate.goog/wenn-datenschutz-falsc...

erinnh 5y ago

Considering GDPR is not legislation that applies to private individuals, Im rather confused what you are talking about.

lmkg 5y ago
Dunno where you're getting that idea. Per Article 2 "Material Scope" (https://gdpr-info.eu/art-2-gdpr/ https://gdpr-info.eu/art-2-gdpr/): > 2. This Regulation does not apply to the processing of personal data: > (c) by a natural person in the course of a purely personal or household activity; There is an exemption for private individuals conducting their personal affairs. But it still applies to private individuals acting in a public space. Article 4 also reinforces that a Controller may be a natural person.
- erinnh 5y ago
  What would "public space" mean for you? I cant think of anything other than personal or household activities. Unless youre talking about one-person companies. But then, I consider them companies, even if they are only one person.
  - lmkg 5y ago
    This is one of those things where different countries take different approaches (or at least have different pointes of emphasis). But the classic example is a security camera you install on your own house (or these days, a doorbell camera). If it can only see your own property, that's a household activity and is not covered by GDPR. If it records video of people walking on the public sidewalk outside your house, then GDPR applies to that recording. As noted elsewhere, most of the fines against private individuals have been issued by Spain. And my mediocre Spanish literacy leads me to believe several of those fines are for posting videos on social media.
    - erinnh 5y ago
      That example isnt allowed where I live at all. lol Cant point your camera at public spaces. But I get where you are coming from. Just isnt all that relevant to my live, I guess. Most things here go farther than the GDPR in those cases.

amelius 5y ago

Illegal postings to social media by individuals are a different class of violations, of which I don't see the relevance here.