4 ms·

It's not as easy as that. Pictures are clearly personally identifiable data, so storing them violates the GDPR if you don't have permission to do so. Some "da

It's not as easy as that. Pictures are clearly personally identifiable data, so storing them violates the GDPR if you don't have permission to do so. Some "data analysis company" got fined a hefty sum for doing so with EU citizens. I forgot the name, but they were recently in the news for helping Ukraine identify Russian soldiers by picture. Of course they were also aggregating other data including names, so just pictures might be a more complicated case, but as a company with EU exposure I wouldn't do it. It's pretty clearly against the law.

samwillis 4y ago
You are quite right, forgot that one. Point is though, we need a test case to go through the courts to clarify all of this. There are companies betting billions on the outcome that they are ok to do what they are doing.
- voakbasda 4y ago
  They are betting they can make billions of dollars while the courts screw around trying to decide the legality. They don’t care if it is legal; they only care about making money today. This is the standard playbook for big money these days: profit until the courts decide you can’t.
fleddr 4y ago
"Pictures are clearly personally identifiable data, so storing them violates the GDPR if you don't have permission to do so." Wouldn't a Creative Commons license express this permission?
- kixiQu 4y ago
  IANAL, but I believe no; the CC license handles the rights that a photographer can hand out, but doesn't come with any kind of model release guarantees.
  - fleddr 4y ago
    Model release is a good point but in many situations where people are photographed it does not apply. When you make photos of yourself or your family or even of people in public spaces, you do not require a model release. And I imagine this to be the main input of this training set. When you hire a model, photograph the person and then use these photos for promotion or commercial activities, you do require a model release. But in that case it would be absurdly weird to publish such commercial material as CC NC on Flickr, makes no sense.
    - kixiQu 4y ago
      I recommend https://ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-photographers/ https://ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-ph... and https://www.mondaq.com/germany/data-protection/714306/does-the-gdpr-also-apply-to-photographs-and-films https://www.mondaq.com/germany/data-protection/714306/does-t... here for a sense of how the PII consent framework here is different than commercial licensing.

samwillis 4y ago

You are quite right, forgot that one. Point is though, we need a test case to go through the courts to clarify all of this. There are companies betting billions on the outcome that they are ok to do what they are doing.

voakbasda 4y ago
They are betting they can make billions of dollars while the courts screw around trying to decide the legality. They don’t care if it is legal; they only care about making money today. This is the standard playbook for big money these days: profit until the courts decide you can’t.

fleddr 4y ago

"Pictures are clearly personally identifiable data, so storing them violates the GDPR if you don't have permission to do so." Wouldn't a Creative Commons license express this permission?

kixiQu 4y ago
IANAL, but I believe no; the CC license handles the rights that a photographer can hand out, but doesn't come with any kind of model release guarantees.
- fleddr 4y ago
  Model release is a good point but in many situations where people are photographed it does not apply. When you make photos of yourself or your family or even of people in public spaces, you do not require a model release. And I imagine this to be the main input of this training set. When you hire a model, photograph the person and then use these photos for promotion or commercial activities, you do require a model release. But in that case it would be absurdly weird to publish such commercial material as CC NC on Flickr, makes no sense.
  - kixiQu 4y ago
    I recommend https://ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-photographers/ https://ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-ph... and https://www.mondaq.com/germany/data-protection/714306/does-the-gdpr-also-apply-to-photographs-and-films https://www.mondaq.com/germany/data-protection/714306/does-t... here for a sense of how the PII consent framework here is different than commercial licensing.