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posted by martyb on Sunday May 24 2020, @10:26PM   Printer-friendly
from the pics-or-it-didn't-happen? dept.

Wanna force granny to take down that family photo from the internet? No problem. Europe's GDPR to the rescue:

A court in the Netherlands ruled this month that a grandmother must remove pictures of her grandchildren from her social media accounts after her daughter filed a privacy complaint.

The grandmother, according to a Gelderland District Court summary, has not been in contact with her daughter for more than a year due to a family argument.

Her daughter has three minor children who appear in pictures the grandmother posted to social media accounts on Facebook and Pinterest. In February, the daughter wrote to her mother, noting that her requests made via the police to remove the photos of her children from social media have been ignored and giving her mother until March 5 to comply or face legal action.

After the grandmother failed to take the photos down, the mother took her complaint to court.

The Dutch implementation of Europe's General Data Protection Act requires that anyone posting photos of minors obtain consent from their legal guardians.

When the court took up the matter in April, the grandmother had removed photos, except for one from Facebook. She wanted that one picture, of the grandson she had cared for from April 2012 through April 2019 while the boy and his father, separated from the mother, lived with her.

The father in the instance of the Facebook image also did not consent to the publication of the image.

[...] Accordingly, the judge gave the grandmother ten days to remove the picture. If it isn't not removed by then, a fine of €50.00 (£45, $55) will be imposed each day the images remain in place, up to a maximum of €1,000 (£900, $1,095).


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  • (Score: 4, Insightful) by maxwell demon on Monday May 25 2020, @05:33AM

    by maxwell demon (1608) Subscriber Badge on Monday May 25 2020, @05:33AM (#998746) Journal

    If grandma carried photos of her grandkids in her purse, and met friends for dinner, gossip, and the passing around and viewing of those photos, could the GDPR be used to stop that?

    Of course not. But if she gave them to a magazine for publication, she certainly would need permission (known as model release), even without GDPR.

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